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Be Prepared For Court!

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As we discussed in the previous , the goal within the first year was to 1 – try and resolve any outstanding issues so court trail can be avoided. However, failing that, the goal is to ensure you are adequately prepared to face the judge and the onslaught that is to come from your spouse.

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In many jurisdictions, the family courts will give you ample opportunity to try and resolve your matters before heading to trail. During these important sessions, it is critical to be prepared and present your information in a factual manner, supported by evidence. It will be critical to not get drawn into disproving false allegations and allow yourself to be derailed.

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Documenting all custody and access times, and interactions, issues, and concerns, with supporting evidence will go a long way in helping you to be prepared. Showing the judge detailed reports of when you had custody, what you did, what issues you encountered, what types of issues you encountered, what you did to address those issues, etc will demonstrate that you are organized and level-headed and interested in protecting yourself so you can look out for the best interests of the children.

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The list below outlines some things you can expect that can have the potential to embroil you in courts, have you dealing with the local police or even children’s aid society. Knowing what is to come and how to respond to those events when they occur will help you to whether the storm and be ready for court.

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  • Document Custody Time, Issues, Interactions, Child expenses, etc with evidence
  • Maintain relationships with school and school teachers
  • Maintain relationships with Children's doctor
  • Maintain relationship with Police, CAS, CRA
  • Monitor the spouse financials and lifestyle
  • Monitor the spouse’s ability to manage children, finance, life, etc
  • Watch for behavioural changes in children
  • Be aware of, track, and report with evidence the following:
  • My Ex-Spouse accessed a joint account post separation and withdrew money.
  • My Ex-Spouse accessed the mailbox, stole a cheque and cashed it.
  • My Ex-Spouse cheated on me, is she entitled to alimony?
  • My Ex-Spouse continues to bad mouth me to the children.
  • My Ex-Spouse continues to call the Children’s Aid Society based on false allegations.
  • My Ex-Spouse continues to call the police based on false allegations.
  • My Ex-Spouse does not show up or is late for Custody/Access times.
  • My Ex-Spouse filed for and received divorce without notification to me.
  • My Ex-Spouse had an affair on me, does that affect the divorce, custody, alimony, or child support payments?
  • My Ex-Spouse has changed the locks to the house.
  • My Ex-Spouse has cut access to the bank accounts and credit cards.
  • My Ex-Spouse has forced me out of the house, saying its his/her house.
  • My Ex-Spouse has gone off the grid and I am unable to locate him/her to serve papers.
  • My Ex-Spouse hired a powerful attorney to take the kids away from me, I don’t have money to hire an attorney, what can i do?
  • My Ex-Spouse is abusive and refusing to leave the house.
  • My Ex-Spouse is abusive during custody/access drop-offs and pick-ups.
  • My Ex-Spouse is breaking into my car to install a car tracker.
  • My Ex-Spouse is bringing his/her bf/gf home to meet the children.
  • My Ex-Spouse is hacking into my accounts to view what I am doing.
  • My Ex-Spouse is hiding his/her salary behind a company. Reporting lower income so he/she won’t have to pay me right amount of Child Support or Alimony.
  • My Ex-Spouse is leaving the children home alone to go out.
  • My Ex-Spouse is sending the children to sleepover at other peoples homes so he/she can party or bring someone home.
  • My Ex-Spouse is speaking negatively about me or discussing court matters with the kids.
  • My Ex-Spouse is trying to alienate the children from me, what should i do?
  • My Ex-Spouse is trying to change the children’s last names.
  • My Ex-Spouse is trying to change the children’s religion.
  • My Ex-Spouse is trying to change the children’s school.
  • My Ex-Spouse is trying to change the custody/access arrangement despite a status quo being established. We don’t have an official court order yet.
  • My Ex-Spouse is trying to move the children away.
  • My Ex-Spouse knows people in Children’s Aid, Police, and Courts and is using them.
  • My Ex-Spouse left, wanted nothing to do with me or the kids, and now wants to come back into our lives.
  • My Ex-Spouse refuses to abide by the court orders.
  • My Ex-Spouse refuses to accept papers I am sending regarding our separation/divorce.
  • My Ex-Spouse refuses to allow access to the children despite a court order.
  • My Ex-Spouse refuses to allow access to the children during the separation process.
  • My Ex-Spouse refuses to allow me to take my things from the house.
  • My Ex-Spouse refuses to pay any child support or for the upkeep of the house while we go through the courts.
  • My Ex-Spouse refuses to pay for any of the extraordinary expenses (Medical, Sporting Activities, etc.)
  • My Ex-Spouse refuses to see the children on the court ordered custody dates.
  • My Ex-Spouse wants Sole, Shared, Joint Custody, what is the difference and how does it affect me?
  • My Ex-Spouse wants to claim all of the government child tax credit
  • My Ex-Spouse won’t change the child support even though the child(ren) have spent more then the allotted time over a long period of time, what can I do?
  • My Ex-Spouse won’t file taxes or won’t share the tax information with me.
  • My Ex-Spouse does not give attention to our kids as much as her/his step kids.
  • My Ex-Spouse was awarded the house, what are my options?

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