"Preparing Your Ontario Divorce Application At The Family Court – A Single Parents True Story"
By
We asked the public to write to us about the personal experiences that they had when trying to use the Ontario Family Court on their own. Here is Lily's story.
"I am a single mother of two, had to file for Divorce and seek full custody of my two children four years ago. My children were the ages of 1 and 4 at the time and this was my experience.
I didn't have the means to hire a divorce lawyer so I took it upon myself to contact the Newmarket Family Court (the Ontario Family Court in my jurisdiction) to gather all the information I needed to proceed. I was told to visit the court and I will be given all the forms that I needed.
Along with not having the money to hire a lawyer, I also didn't have a car, so I borrowed my parent's car and drove over to the Newmarket Court with both my children in tow. I was directed to the Family Court division where I would speak to the clerk who would give me all the paperwork I needed.
It was extremely busy and I was handed a "How To" booklet along with forms so I went on my way and returned home. I went through the booklet and did my best to complete my forms and returned to the court, again borrowing a car, to file my divorce forms. I waited in the line-up for what seemed to be days only to find that I did not fill in my Ontario Divorce Application and other forms correctly.
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Questions on the FEDERAL COURT SYSTEM?
See if you know this stuff…
1. All of the following statements about the court of federal claims are true EXCEPT:
A. Congress almost always appropriates money to satisfy upheld claims.
B. Decisions from the Court of Federal Claims cannot be appealed.
C.The Court of Federal Claims hears trials involving claims for damages against the Federal Government.
D.Judges for the Court of Federal Claims are appointed by the President and approved by the Senate.
2. One weakness of the Articles of Confederation was that:
A. it established a dual court system.
B. it did not provide for a national judiciary.
C. Congress could create only a few lower federal courts.
D. the jurisdiction of the Supreme Court was not clearly defined.
3. Which of the following federal courts exercises both original and appellate jurisdiction?
A. the Supreme Court
B. court of appeals
C. district court
D. The Court of Appeals for the Federal Circuit
4. Which of the following statements about federal judges is TRUE?
A. They must have had previous service as State court judges or attorneys.
B. They serve a fixed term of office, set by Congress.
C. They are appointed by the President and confirmed by the Senate.
D. All of the above are true.
5. Which federal court has original jurisdiction over MOST cases heard in federal court?
A. district court
B. court of appeals
C. the Supreme Court
D. the Court of Appeals for the Federal Circuit
6. Most importantly, the Supreme Court is called the High Court because it is the
A. best court in the country.
B. only court established by the Constitution.
C. first court in which most of the important federal cases are heard.
D. last court in which federal questions can be decided.
7. The Court of Appeals for the Federal Circuit differs from the other 12 federal courts of appeals because it
A. does not hear appeals from regulatory agencies.
B. can have original jurisdiction over federal cases.
C. hears cases from across the country.
D. only hears appeals from the Supreme Court.
8. The purposes of the 12 federal courts of appeals include all of the following EXCEPT:
A. to relieve the work load of the Supreme Court.
B. to hear appeals from the district courts.
C. to consider cases from several regulatory agencies.
D. to hear original cases that have bypassed lower courts.
9. The term of office for constitutional court judges is determined by
A. the Constitution.
B. Congress.
C. the Department of Justice.
D. the President.
10. Which of the following duties is NOT performed by a United States magistrate?
A. issuing arrest warrants
B. setting bail
C. trying some cases concerning minor offenses
D. recording court preceedings
11. The United States Tax Court hears
A. criminal cases.
B. civil cases.
C. no cases generated by the Internal Revenue Service.
D. all of the above.
12. The Supreme Court’s decision in Marbury vs. Madison *
A. enabled William Marbury to become a justice of the peace.
B. stripped the President of his power to appoint federal judges.
C. established the Court’s power of judicial review.
D. none of the above
*easiest one. you should know this FOR SURE.*
13. Legal cases in the District of Columbia and the territories that belong to the United States are settled in:
A. the courts of the State nearest the district or territory.
B. a seperate system of courts for each territory and each district like those at the State and federal levels.
C. a system of local courts like those in a city or town.
D. a system based on mediation and arbitration rather than legal confrontation.
14. Which statement about differences between constitutional courts and special courts is TRUE?
A. Constitutional courts do not exercise broad judicial power.
B. Only constitutional courts hear cases arising out of expressed congressional powers.
C. Special courts have special powers granted under Article III.
D. Special courts hear a much narrower range of cases.
15. A federal court has jurisdiction over a case if
A. a citizen of one State is suing a citizen from another State.
B. a State is suing a resident of another State.
C. a State is suing another State.
D. all of the above.
I already graduated with an A+. Don’t waste your time posting such information. Thanks
what are best cases for mediation vs. arbitration?
Ah you are taking the VA state bar exam? In that case all answers in the exam are “C”
Cases in which the dollar value of the alleged loss or liability is less than the legal fees that both sides would expend during the course of litigation.
My lawyer asked for Substitution of Attorney?
After paying and initial retainer’s fee my lawyer is asking for another $10K in retainer’s fee — the case is already 3 years old and I have asked him in the past to do mediation / arbitration (this is a “simple” real estate matter and the other party owes me money) and he discouraged me from doing it. I cannot afford to pay him anymore (I owe him less than $1K after the initial retainer’s fee) so I asked him to spend less time in the case. A junior lawyer is the one taking care of the case and I was not happy with the result. I just did not change them before because I can’t afford to pay another retainers fee and I was hoping it will be over soon (but never happend).
Anyway, he filed for Ex Parte Application to be Relieved as an attorney. I cannot attend the court hearing for this as I am new at work and has moved 300 miles away. What is the advantage of me just signing the Substitution paper vs letting the court rule in their favor? Other options on my part?
thanks
Just a thought as legal issues vary widely from one jurisdiction to another. If it is such a “simple case” what is he doing with the money? Did you get a periodic accounting of how the retainer was being spent? My suggestion contact the Clerk of the Court’s office where he will file the motion. I don’t know if a judge would allow him to just walk away after taking your money and not completing the job. Contact the local Bar Association to find out if you can file a complaint against the attorney for not meeting whatever minimum standards are called for in that type of litigation. Personally, I got 2 lawyers to refund money to me in a Family Court case. One tried to unilaterally change the contract we had and had me in court on days we were not there. The other woman attorney was just useless. Good luck …
What do you call 200 lawyers at the bottom of the ocean floor?
A DAMN GOOD START!!