Motion within a motion

Months back I filed a motion for shared custody. This motion was adjourned for a date in January. The problem is, is that my ex still wasn't giving me my full weekend access. I attempted to have the judge clarify my original order that stated I have two full weekends a month. He stated that this motion was not the time or place to hear any submissions and that there was an order in place and if the respondent chose not to abide by it then I had other recourse.

After leaving that court room I stated to my ex that I would pick up my kids on Friday. She said only if you have them back Saturday morning. I said no, I have full weekend access, that includes overnights, Friday to Sunday. She said then don't bother even picking them up your not getting them. It was at that point I went directly down to the court clerks and attempted to get an emergency motion form. The clerk at this time said unless the kids well being was in danger then she could not give me an emergency form. I asked what form I required, after describing the situation. She then gave me an urgent motion form. I filled this out and to make a long story short the following week we had a motion for clarification of my original access order. The Judge granted my ex an adjournment to prepare any submissions for this urgent motion and the motion was adjourned for over a month, however, the Judge actually made a temporary order to clarify my original order for access during this time until the next hearing date. He granted me three weekends that included overnights, and three days during the week.

When the motion/hearing date for clarification arrived I assumed that I would only be speaking on the motion, my motion for clarification. This Judge was a complete ASS. I simply stated what I was asking for, simple clarification of an order that already existed but was vague in terms of specific dates and times. Rather than simply specifying exact dates and times, he began to make faces of disgust when I made my submissions, indicating to me that he thought that my motion was ridiculous. This thought of mine was confirmed when he stated that my motion did not belong here and should not have been allowed. I stated that I explained my situation to the clerk and that she gave me the appropriate forms. He then allowed my exes lawyer make her submissions and her submissions were not even on point. She began huffing and puffing about the safety of the children and that this was an attempt by me to get more time with my girls and not waiting for the shared custody hearing in the new year. I tried to object but was put in my place by the judge telling me not to interrupt and to allow the respondents lawyer to continue.

I can assure you this was not an attempt to get more time with my kids, it was an attempt to get specific times and dates that add up to the time I had already been granted five years ago. Needless to say it was downhill from there. The judge then allowed her to make submissions on having a Child Custody/Access assessment done. I was a bit taken aback. I mean how does a motion for clarification of an already existing order get to submissions on a custody access assessment. Well it did and the judge, without even allowing me submissions on this granted the respondents lawyer and ordered that the forms for this assessment be completed by December 22. He also stated that the cost be shared by both parties. Well that cost is $3000. I attempted to make my objections known. Its not that I objected to the assessment but I did object to the fact that I had to pay half without even making any submissions. The fact of the matter is, is that I am not working at the moment and told him this, he wouldn't listen but stated that perhaps my shared custody motion should be withdrawn if I wasn't serious about it. Wow. So my motion for clarification was ignored. The judge ordered that the previous temporary order continue, but he gave no new dates and times and now, though my days through the week are still set, my weekends are once again up in the air. Other than having the original order that allows me two weekends a month. That both parties have to agree to. So once what happens when we don't agree. The whole idea was to have clarification so that there would be no agreeing or disagreeing. Nope instead back to dealing with an ex that is beyond manipulative. Plus having to submit forms for an assessment and $200 non refundable fee with the forms to be submitted by Dec.22. The fact that I couldn't even give submissions addressing any financial concerns I may have, etc.....For those of you who do read this, know one thing, they say there are rules for the courts and the Judges to follow, but let it be known that they will do what they want, when they want. My experience is that because I am unrepresented and simply representing myself they treat me with disdain and have no respect at all for me or my position. But my ex, who has money and a lawyer were afforded every opportunity to make submissions on something that was not part of MY motion. I can only hope that I can make submissions in January that address my concerns regarding this assessment and its cost. I am all for an assessment etc.....but I am completely appalled at how this happened with no regard for me or my position or the rules of the court for that matter. The Judge being part of the Courts and the System failed me this day, and was an ass to boot.

Small claims and the many delays

My spouse and I were at our motion hearing for a small claims case we were involved with the other day. That same day we had a settlement conference for the same case, however, we wanted our motion heard first. Our motion was to dismiss this case in its entirety or at the very least our involvement in it. On the date of this motion, it had almost been two years since the claim was first filed. During this time, we had a settlement conference already only to be told a second one was scheduled because they found the other person they were suing in default and this person finally filed a defence in essence starting the procedure all over again. We had been scheduled a trial date only for that to be cancelled and another settlement conference scheduled. This other person who was originally found in default would never respond to a summons, ignore all notification and ignore the case completely but as soon as his pay cheque was garnished it did not take long for him to file a motion for a stop to the garnishment and a motion to have a chance, another chance that is to file a defence. Who ends up getting screwed in the end is us. We replied and did everything we were supposed to and in the end out motion was dismissed because as the judge stated, because the delay was no fault of the plaintiff, but instead it was a clerical error, he could not grant our motion. We actually spoke to that clerk and she admitted her mistake in terms of keeping with the time lines of when a date has to be set by, but when it came time for court, the judge was informed that the file had been misplaced. So here we are waiting for the second settlement conference because of someone elses error. We play by the rules and get screwed. Karma being karma, we have a good case and should win in the end, but it doesn't diminish the fact that it seems everyone else can get away with errors and outright lack of respect for the rules that are in place regarding time lines and filing on time and get away with it.....but heaven forbid we are late or don't respond to something on time, we would be raked over the coals. Oh and FYI, if you ever need an adjournment and want to make sure the court has no choice but to grant one, simply call a witness or main party to the case and tell them they don't have to be there, and the next day when they don't show up, simply ask for the adjournment and low and behold it will be granted because the court cannot continue without that individual. Sneaky but effective.