It would be on the line, but the not for hire thing (but technically) you are, would work, you don't need a license. Is your mode of transportation marked?
I dont believe there is anything you can write them that will have any effect. I suspect going to a court of inherent jurisdiction (not family court) to have the mistake corrected and any orders under the fam court proceeding quashed and that action halted (prohibition writ) may work. Unfortunatly, that is not an easy task and is ONLY theory based on my understanding. Would love to know if others have done something that actually works.
I have seen the NOTICE OF MISTAKE and I like the content. However, would someone mind telling me, with all the necessary details, how the hell one would go about getting it into the Court? Sending it to the Family Support division is a waste of time, I believe, since their statute likely does not allow them to recognize such things as having any legal significance. A court order is all that can change the situtation from what I have seen.
Would i need to add something to the notice of mistake? An offer or something? Can i accept the arrearage just to make it go away until i can gain more knowledge?
If you go back to Family court with affidavits, expaining the situation and if there is fraud, the person should be charges as such. Seems simple, may take a bit of time to clear up. Will the family service division notify DOT?
I say stay out of family court. Only fictions have standing in there. You may get some relief as a fiction but you kiss your birth rights goodbye when you take standing there. Its a personal decision.
Phillip Prater, if I was in your shoes, given your level of knowledge here is what I would do. File a motion under the existing Family Court Action, offer some type of repayment plan for arrearage, ask for an order for lower payments and for an order directing the Family Support people to reinstate your person's license based on this offer. You will need an affidavit explaining your person's situation as well as updated financial information for your person. You will likely be able to find most of the information how to do this on-line. Go to the Family Court site and look up motions and affidavits. You will have to serve this on our ex's lawyer (or her if no lawyer) and file it with the court. The Registrar will give you some genereal guidance likely. This is not legal advice, just what I would do if I were in your shoes.
James Allan, if I were to do this, I think that the arrearage Is mostly absorbed by the fact that i have had physical custody of one of the two children AND paid her money two of the three years that i have had the one child. The fact that she has continuously broken the visitation and relocation part of the parental agreement, even as far as moving two states away and punishing the children for talking to me, should have some kind of weight.
Yes, if i was you I would put all of that in my affidavit. And also ask for what ever you want in your orders sought under motion. Its your motion, ask for whatever relief you want which is within the jurisdiction of the governing statute - support, custody access, etc. Its just given the established facts in your matter and your knowledge level you would have an up hill battle going outside of the box at this point I believe. You may want to review your rules of family court - should be on line. Will be helpful.
This stuff is great in theory (and perhaps practice) and I don't want to shun creative approaches. But, has anyone actually done one of these sucessfully such that they can guide Phillip on how to give it effect? If so please share the "specific" details. They may work, but despite my requests for details, no one has shown me, specifically, how they are done or proof of any success. And although I would love to believe that Santa is real, common sense dictates that if no one wants to step up and provide proof, I best go get my own present for under the tree. Btw Rob is a great guy and I give hats off to anyone trying different appoaches. But if none of us can give Phillip details how to do it where does that leave him? Not picking on Beverly for throwin it out there by any means.
164. Fair hearing
(4) Without limiting the generality of subsection (3), that subsection does not preserve the validity of the proceeding if the failure to comply with the agreement results in PREJUDICE to the DEFENDANT'S RIGHT to a FAIR HEARING.
http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90p33_e.htm#BK207