Problem with legal aid.....

Hello everyone:

Today I received an Email from my lawyer saying I have been cut off legal aid because" you have failed in an obligation to legal aid".....

  Now 2 years ago when all this first stared Legal aid had told me that I have to pay $50 a month to them, because of my income, Then I showed them my pay stubs and my child support payments, and they said I didn't have to pay anything, then in January 2011, they started taking $50 a month right out of my bank account without my permission, and I didn't even notice until February 2012.....
  So when I finally realize why I am falling short every month I ask my bank who the hell is OLA and why the hell are you letting them take money outta my account, my bank admitted to me on the phone that they didn't know who they were and that they can't find anything saying they should be taking money out of my account, and they gave me back 2 months = to $100 and refused me the rest ... so needless to say I left TD Canada trust and will never go back..

  So Legal aid sends me a notice at the beginning of march and I finally figure out who OLA is..... I called them and asked them why they were even taking money out of my account, they did not have my permission, I was told I didn't have to pay because of my child support, they then tell me this is something I must reapply for every 6 months.....
  Well nobody told me this, and it's not in any of my paper work ( I keep ALL of it ), I didn't even get any kind of notification of any kind...... So I re apply and they want proof of my pay stubs, well the next day I get a call from my surgeon telling me if I want to go in early for  the surgery I needed   that I had about 40 hours to prepare.... so needless to say I didn't get my pay stubs faxed to legal aid..
  So 2 weeks later when I was able to get out of bed and walk around a little bit I saw the paper and remembered... OH SHIT... so I call them right away and let them know what had happened, surprisingly they actually understood, and asked when I cold get it in, I told them I need to find a ride to a fax machine as I am still unable to walk that far, and said 2-3 days tops. they said ok and gave me 1 week. I did it the next day,

So 2-3 more weeks go by and..... welcome to today..... So I have called them back to see why I was cut off, and they tell me that I did not send them any of the information they had asked me for..... That's Bul and I have the receipt to prove it!!  now because they screwed up and lost my paperwork I have to re-fax all these pay stubs (going to cost me another $15) and the receipt from the first time ( not so they can pay me back... so they know I'm not lying.....)...  and on top of this all my lawyer can't do any work for me until this is all fixed, and she was just in the process of making our next court date for summer access and full weekend visits.... so now by the time we get back into court the summer will have come and gone, and I am so pissed, but I all I can do is sit here and smile........

I really am not sure how much more of this I can take... It may seem like a small thing to some people but to me.      This is my world.

The battle wound visit...

Hello again:

So on my visit this week, Matilda came over to my new place for the first time!! She love's that I have a backyard right outside my living room! she ran around for hours out there until it started to rain, she took a fall at one point and scraped her elbow pretty good, but it didn't even phase her! I didn't know about the scrape until I went to put the PJ'S on, now is all I have is Bactien (80% iodine) obviously I couldn't use this to clean it, so I made Saleem!! this is 4 cups of water and a teaspoon of salt, bring to boil and let boil for 10 minutes! (let it cool down before using this on skin) but this is also a great disinfectant for your child's dishes and crazy straws! I also had a friend over with his 1 year old boy, and they were running around like crazy, they ran into each other and Matilda busted her lip on his head... she cried for a minute until I gave her a Popsicle, then she was fine, but has a nice sized cut on her lip, What a trooper she is!!

Commencing the court process

Commencing the court process
 

The court process in a family law case commences when either you or your spouse brings

an Application which sets the issues you want the court to determine and the orders you

are asking the judge to make. If you’re commencing the Application, you’re called the “Applicant.” Your spouse is called the “Respondent.”

If you’re married, in most cases you’ll be bringing a “General Application for Divorce,”

meaning you’re seeking a divorce and asking the court to resolve certain issues between

you and your spouse. If you and your spouse agree to divorce, and if there are no issues remaining to be determined such as child and spousal support and custody, then you can

bring a “Simple Application for an Uncontested Divorce.”

You can also commence a “General Application” if you were married and aren’t 

seeking a divorce, but are asking the court to resolve certain issues between you and

our spouse or if you were living in a common law relationship and are asking the court to resolve certain issues between you and your common law spouse. Furthermore, you can

commence a “General Application” if you have a child with someone, but never lived

together.

If you’re claiming support for your children and/or yourself, and/or if you’re claiming 

an interest in property and/or exclusive possession of the matrimonial home, you’ll need to

complete and attach a “Financial Statement” to your Application.

You generally bring your Application in the municipality where you live or, in a 

custody and access case, in the municipality where your children live. You’ll need to 

take your Application to the court office in this municipality to be issued. The court 

will issue you a court file number for your case. There’s a fee for filing your 

Application. 

After your spouse has been served, the person who served him or her must 

complete an “Affidavit of Service” documenting the fact that they served the 

Application and how. This Affidavit must later be filed with the Application in 

the court’s copy of the Continuing Record.

Your spouse will then typically have 30 days from the date he or she was served to

respond to your Application by preparing and serving on you an “Answer.”

As the Applicant, you have the opportunity to Reply to your spouse’s Answer. 

This is only if the Answer raises new issues that weren’t addressed in your 

Application. The time period for serving and filing your Reply is typically 

10 days from the date you were served .

Good luck!  It WILL NOT BE EASY but don't give up! I did it, YOU CAN TO

http://www.gofundme.com/SingleDadsFighingFathers

Franklin Saplamaeff

The differant forms of family court in Ontario

THE FAMILY COURTS IN ONTARIO

In Ontario, there are 3 different courts that deal with family law cases:

1.Superior Court of Justice

2.Ontario Court of Justice

3.Family Court of the Superior Court of Justice

Superior Court of Justice

The Superior Court of Justice can hear cases involving a variety of family law issues

including divorce, property, and support claims. It does not have jurisdiction to hear

adoption and child protection cases. These types of cases are commonly heard in the Family Court of the Ontario Court of Justice.

Ontario Court of Justice

 The Ontario Court of Justice hears a more limited range of family law cases. It can’t

 hear cases involving a request for divorce, the division of family property, or exclusive

possession of the matrimonial home. These issues are governed by Federal Statute and

must be heard either in the Superior Court of Justice or the Family Court.

Family Court of the Superior Court of Justice

The Family Court is a branch of the Superior Court of Justice and is located in: Barrie,

Bracebridge, Brockville, Cobourg, Cornwall, Hamilton, Kingston, L’Orignal, Lindsay,

London, Napanee, Newmarket, Oshawa, Ottawa, Perth, Peterborough, and St.Catherine’s. It also sits regularly in Huntsville, Collingwood, Midland, and Orillia.

The Family Court is the only court in Ontario that can hear all types of family law cases,

including:

Divorce;

Child and Spousal Support;

Custody and access to children;

Division of family property;

Exclusive possession of the matrimonial home;

Adoption; and

Child protection.

 http://www.gofundme.com/SingleDadsFighingFathers

~Frank~ 

UPDATE on my canceled visit last week

this post is an UPDATE to the post at the following link!! http://singledadsfightingfathers.blogspot.ca/2013/04/shes-canceling-my-sleep-over-visit-today.html

Hello Friends:

So my ex sends a doctors note and a prescription to my lawyer, the Doctors note dated April 1 (2 days before our visit) and the prescription dated April 3 (The day of our visit) what is up with that.... She didn't get a prescription until I asked to see it..... That pissed me off, The doctors note stated that Matilda so today I called my daughters doctors note from April 1said this:


 
 And is all the prescription on the 3rd was drops 4 times a day....... So I called the doctor to make an appointment, and I let them know about my court order to view my daughters medical records and that I wanted to come by to ask some questions!

 I was waiting for a call back, when 2 hours later my EX texts me saying she is bringing her tomorrow and that I can have her for the night to make up for last weeks visit!!

See it is ALL games,  and it's all about how you handle them!, 

Just stop, freak out on your own if need to ( I know I did, and all our friends on SDFF Facebook page and here also helped me! ) , do what you have to do, calm your ass down, then think and,
 DO IT RIGHT!!! NEVER ACT ON ANYTHING WHEN YOUR ANGRY!  

Thanks everyone for all the help and advice you have had not just for me but for all of our friends here at SDFF (Single Dad's Fighting Fathers)!!

http://www.gofundme.com/SingleDadsFighingFathers Frank Saplamaeff

The time she called 911 on me for no reason

Hello again:

This story took place right after our first court appearance, She was ordered to allow me to see Matilda at her house supervised my her and her mother, at least Once a week for 2 hours, ( I had told them right then and there what was going to happen, and I was not wrong at all) although court ordered the grandma did not come to any of the visits


 The day after Matilda's first birthday I was visiting My daughter at her house with the supervision of her mother.... My mom and step dad and my nephew were also there, So we open all the gifts with Matilda, and one of things I had gotten her was a bubble maker, and I wanted to play with it with her out side in the back yard, but her mother said it was to Hot outside for her ( In her backyard full of trees and shade....) So I said I was going to use it in the house then...

At this point my mom and step dad had taken my nephew outside to play..... wrong move

I turned on the bubble maker and She snatched up my daughter and started screaming like she was being murdered, she ran up stairs to the people that live up there and called 911..

I went outside to tell my mom what just happen and the guy upstairs told me that she is telling the cops i hit her and slammed her AND MY DAUGHTER in a door 3 or 4 times, and that I smashed up her apartment, and the has bruises and Matilda's head is cut opened........ So my mom is like ok lets go get in the car I don't want you getting arrested...

NOOOOOOOO WAY..... I went right back down stairs and sat on the couch and waited for the cops, that way she can't go down there and smash up the apartment...

The cops got there only to find that the house was not smashed Matilda did not have a mark on her body and nether did her mother... but She insisted on going to the hospital, but just she went, she left Matilda at home with the grandma.... the ambulance report and the cops report both state that she was obviously trying to get pull in our court case and was lieing through her teeth! I was let go and she went to the hospital in the ambulance after being told there was nothing wrong with her...

So the next day OH DID YOU THINK THE STORY WAS OVER..... IT'S JUST GETTING GOOD......  So the next day I get a call from the police department telling me they need to come take another statement from me but they need it on audio and that they would come to my house to do it, so I agree ok no problems, we make an appointment and they come to my house

This is when I find out that she went to the police station with her mother to file a complaint on the cops for not arresting me, and she re took her statement about what happened at her house when I was there.
So her whole story changes she said was so concerned about Matilda, said that I split her head opened and she was bleeding, and she was so scared for her daughters life, but when they asked "why did you go to the hospital and leave Matilda at home", she had NOTHING to say, The cops then drove her home, so that could have a look at this "huge gash" on Matilda's head, but when they got there, there was no marks, and when asked where the mark went she said AND I QUOTE  "I don't know, weird, she must be a quick healer". LMFAO REALLY,

So the police had to do some 2 month long investigation on us and on the 2 cops that were on the original call, then I got copies of the report and brought tit to court~~

I'll have dig up the police report one of these days and give it a once over I know I have missed out on a lot of (not so funny but funny none the less) stuff in her restatement
 http://www.gofundme.com/SingleDadsFighingFathers
~Frank~

She's canceling my sleep over visit today.....

Hello:

So I moved yesterday busted my butt to have everything clean and safe for my sleep over visit today. On top of this  I spent money that would have otherwise saved (as I have been off work for a month due to a surgery I had to have) to get groceries, and a few things I needed to have for our visit.

Yesterday I sent Matilda's mother and grandmother my address after getting no response I followed up by asking if they need directions, still no response, I sent a text when I woke up this morning at 8am asking if they want me to pick her up, (The visit is supposed to start at 10am). So I finally get a response at 8:30, saying she has a doctors note, and Matilda is sick and come to my visit today.. (After giving me such a hard time about my Easter visit I know it's just games), My question is what time do the doctors open? shouldn't she have been able to tell me this earlier? like yesterday.   And I had her Sunday night (the day before yesterday) and she was fine, how sick could she have possibly gotten in 40 hours


Now I have a right to obtain any and all medical information about my daughter at any time from any and all doctors/teachers/baby sitters, any care givers she has.  So I asked for the name/address/phone# and date of the visit with the doctor, I also asked what was prescribed for her and where she filled the prescription?
This information can tell me how sick she actually is as the court order says I am able to care for her even when she is sick (within reason of course.) and I have gotten no response, so I Emailed my lawyer and we will see how things pan out.

I feel that it is very Important for me to be able to have Matilda even when she is sick, part of being a daddy is your children knowing that your are there for them in sickness and in health and I want Matilda to feel that way with me.

We only get to spend 47 hours a MONTH with each other (not even 2 full days...), and they already steal precious minutes from us by dropping her off 5 minutes late here 10 minutes late there.  and they are ALWAYS sitting in my driveway 20-30 minutes before its time to pick her up, just waiting to snatch her away from me.. I AM FED UP...
going to ask my lawyer to file for an emergency motion, instead of waiting until July or August for the date we are still waiting to find about....

Now hear me out.. I have to be afraid to tell her mother if I am taking Matilda to Niagara falls, (she would freak) even tho I am aloud to take her anywhere in Ontario with out any permission, I am sick of being bullied, She has no right, She still has not given me copies of Matilda's I.D.... what if something did happen and I had to take her to the hospital. and I want to open a bank account for her.

Am I taking this to far?
 should I leave it alone?
http://www.gofundme.com/SingleDadsFighingFathers
Please I need some advice on this one.....

How importmant are manners??

This visit Matilda wanted me to open a chocolate for her, but she kept saying "open this" now I know she is only 2 and a half, but she is nearing 3 and she knows her manners, and we both know that I know that she knows her manners!! but she was refusing to say please, so I did not open it, about an hour went by of her bugging me about it non stop, and me saying, all you have to do is please, or whats the magic words, when she started to cry, then scream, and i told her again "sweety' daddy wants to give you the chocolate, but you need to use your manners, if you just say please I will gladly open for you, she just kept crying and saying open it,, about half hour 45 minutes went by and she had cried herself to sleep.... an hour later she woke up brought me the chocolate and said, daddy can you open this for me please!

Was i right in doing this, is there a better approach? 
http://www.gofundme.com/SingleDadsFighingFathers
Please leave your comments. 

~Frank~