Fathers Resources International

Fathers Resources International

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Toronto  
416-861-0626

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1-888-543-2339 / 1-888-54-DADDY

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Divorced Dad ToolBox
Learn the winning strategies and tactics designed to help eliminate unnecessary legal fees in Family Court 
 
Download if one of these apply to you:
 
* MASSIVE Legal Bills
* Losing in Family Court
* Lawyer problems
* Parenting time
* Access Problems
* Child Custody
* Paternity Fraud
* Grandparents rights
* Child support too high
* Can’t settle property
* Ex-wife won’t work
* Alimony Problems
* Judges not listening
 

Parenting Diary

Parenting Diary
The number one tool that helps you organize all the details to create a parenting plan when  negotiating or for court.

Click here for more info

**IMPORTANT NOTICE ABOUT SUPPORT GROUP MEETINGS**
We do not offer legal advice at our support group meetings. Legal advice can only be obtained from a lawyer. We do not have a lawyer in attendance at our support group meetings. Our free support group meetings are chaired by a senior certified law clerk who is also a divorced father and an adult child of divorce. Our Support Group meetings are a place to share and exchange personal experience and knowledge about the process of separation and divorce. Discussions at our meetings are of a supportive nature so that fathers can gain a clearer understanding of separation/divorce from the perspective of fathers who have had success in Family Court. Meeting dates are subject to change.
**IMPORTANT NOTICE ABOUT SUPPORT GROUP MEETINGS**
We do not offer legal advice at our support group meetings. Legal advice can only be obtained from a lawyer. We do not have a lawyer in attendance at our support group meetings. Our free support group meetings are chaired by a senior certified law clerk who is also a divorced father and an adult child of divorce. Our Support Group meetings are a place to share and exchange personal experience and knowledge about the process of separation and divorce. Discussions at our meetings are of a supportive nature so that fathers can gain a clearer understanding of separation/divorce from the perspective of fathers who have had success in Family Court. Meeting dates are subject to change.

DISCLAIMER

All information, documents, links, resources on this website and the information discussed at our Q&A support group meetings DOES NOT CONSTITUTE LEGAL ADVICE.  If you wish legal advice please consult with a lawyer. The information on this website is simply one possible starting point for your 'strategic consideration'.

DISCLAIMER

All information, documents, links, resources on this website and the information discussed at our Q&A support group meetings DOES NOT CONSTITUTE LEGAL ADVICE.  If you wish legal advice please consult with a lawyer. The information on this website is simply one possible starting point for your 'strategic consideration'.
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INTERESTED IN FATHERS RIGHTS?
TIRED OF LOSING IN FAMILY COURT?
 
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Winning = Peace for your kids HERE AND NOW - Not Tomorrow...

Subscribe to our newsletter and learn how to:
* Improve parenting time
* Obtain Shared Parenting
* Win child custody
* Pay correct child support 
* End spousal support 
* Get rid of unfair arrears
* Protect Yourself
* Get your rights enforced
* Keep Drivers Licence
* Be treated with respect
* Maintain your dignity
* Win in Family Court

Learn the secret strategies and winning legal tactics of successful Divorced Dads who win in Family Court every time by applying OUR FORMULA for “WAGING PEACE”  for the sake of your kids.
 
STOP LOSING. BE A WINNER TODAY!
Subscribe to our newsletter "FATHERS RIGHTS NOW" and LEARN HOW.

 

Dealing with a Court Clerk’s Refusals

Dealing with a Court Clerk’s Refusal to swear, issue or file your Court Documents

Background

Since the introduction of the Family Law Rules in November of 1999 and the subsequent expansion of their application in July 2004 across Ontario, issuing and/or filing of Court documents can be challenging from time-to-time.

Clerks of the Court retain what is known as “discretionary power“ to refuse the issuing and filing, of any Court documents, based upon their training and interpretation of the Family Law Rules and the Practice Directions of the particular Court location.

There can be enormous inconsistencies between various Courts across the Province and even within any particular Court from Clerk to Clerk.

For example, documents that are not filed within the timelines, can be refused. If a Clerk is of the belief that you are proceeding incorrectly, based upon their training and understanding, they may refuse to file your documents and order you to proceed under their directions. Clerks do sometimes make mistakes in these rulings.

This is a normal occurrence in Family Court every day in at least 15-25% of all cases. Interpretation of the Rules and Procedures can vary substantially. While it may be frustrating and even costly, it is important to get a clear picture of the reason for the refusal and any directions of the Clerk.

IMPORTANT TIPS AND NOTES when filing Court documents

It is imperative to obtain the Clerk's instructions IN WRITING, so that you have a record of what transpired at the Clerk's wicket. Without written proof of the refusal to file your documents and the Clerk's directions, you ultimately will be held responsible for what is filed (or not filed) and a Judge can review this type of situation at any hearing.

Sometimes people find Family Court a very bureaucratic and unfriendly/unhelpful place. It is a busy place, many people are stressed out, and a Clerk can have a difficult day, like any of us. Getting angry with the Clerk will never be helpful.

The following steps are suggested when are attempting to have your documents sworn, issued and/or filed with Family Court.

Swearing Documents

1. If the Clerk insists you go elsewhere to swear your affidavit, such as to see duty counsel, insist in a pleasant way that it is the Clerk's job to swear documents. If you are still being refused, remember to remain pleasant and ask for the registrar to come to the counter to swear your documents.

2. Remember, it’s in your best interests to be respectful and courteous with all Court staff. If you become agitated and/or threatening you may be removed from the building immediately and even subject to arrest.

Refusals to issue and/or file Court Documents

3. Documents can be refused for many reasons. These are the difficulties legal professionals face every day. When you have a lawyer, you never come face-to-face with these aspects of the Legal System. In order to properly deal with a problem, you first need to find out what the problem is.

4. Difficulties with filing Court documents happen everyday. About 15-25% of court filings encounter problems because Court Clerks have the discretionary power to determine what can and cannot be filed. The secret is to never lose your composure. Ask the Court Clerk to explain what they are objecting to and if necessary ask if the Court Registrar could review the situation. Some problems if explained, may be corrected easily right there at the counter. Other situations may require that additional documents need to be prepared and filed. 

5. The Court Registrar is the Senior Supervising Clerk of the Court. They have the authority to resolve procedural problems. Always, remain friendly, but do not be afraid to ask for clarification, reasons, and explanations when a document is not accepted for filing. Record filing difficulties - You may need to prove them to a Judge

6. You are absolutely entitled to have the explanation for a refusal. You are absolutely entitled to a record of that explanation in writing, because it is in effect, a procedural order of the Court, under the Family Law Rules. When a Clerk makes a ruling, you are entitled to a record of that ruling.

Conclusion

Rulings before they are formalized into orders, are known as an “Endorsement”. Judge’s routinely record their rulings and orders on this form. However, there is no official form within the Family Law Rules for a “Clerk’s ruling or endorsement”.

As a result of a number of filing difficulties experienced at Family Court, we have prepared a similar sheet:”Clerk’s Filing Endorsement and/or Advice - Duty Counsel”. Use this sheet to request the Court Clerk’s procedural ruling and instructions on filing and/or have Duty Counsel record summary advice. Be certain in all cases to request that the Court Clerk and/or Duty Counsel date, print and sign their name on this document.

PLEASE NOTE: This document is not an official document under the Family Law Rules. It is being provided to assist parties at Court, so they have a way to record the reasons for a refusal to issue or file Court Documents, should they need proof of filing difficulties and/or a summary of advice from Duty Counsel for procedural steps to be followed.

You still may have a Court Clerk or Duty Counsel who refuses to put anything in writing. In the case of a Clerk -- ask to speak with the Court Registrar. In the case of Duty Counsel -- ask to speak with the manager of Court Services. Remember again, that it is imperative to act in a courteous and professional manner. Confrontational tactics will work against you. All you are asking for is written confirmation of a ruling or advice, so that you have a record in case this is discussed in Court.

Proof is what a Court functions upon. You are only asking for that which the Court may require of you at some point. Repeat this phrase to everyone you deal with.

For example, preface comments with: “With the greatest of respect...I'm only asking for a record proving the direction of the Court Clerk, should the Judge disagree with that ruling, I will need proof that I was under a Court Clerk's direction (or following the advice of Duty Counsel...)“.

Remember that Court Clerks have a difficult job; people get upset at their wickets all day long. Most Court Clerks are helpful and very good at their jobs, but like anyone, they can also have a bad day. Be pleasant -- a little bit of humour and charm go a long way to resolving most filing difficulties in Family Court.

IMPORTANT:  A Judge can only act upon evidence. If you have been instructed to file documents incorrectly by a Court Clerk and/or Duty Counsel and are questioned about it by a Judge, you'll be glad you have a Record that proves who actually give you these procedural and filing instructions. This record of informaton could ultimately save you money because a Judge can make a Court Cost Order against you for improperly filing and serving incorrect documents upon the other party. Remember that without proof of who instructed you, you and only you, will be held responsible and may have to pay Court Costs.

Divorced Dad Daily Articles

The Difference In Reactions Between Men & Women Hitting Their Partners In Public-
One real problem in Domestic Violence is our refusal as a society to recognize that all violence is wrong and should be recognized as such. Hence I believe our curent discussion of domestic Violence is immature at best.
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Super Dad Ad - That's What I Like To See!
Campaign does away with the bumbling dad - Tribal Worldwide Toronto ad has its fans, but not everyone loves #HowToDad.
7/27/2014 6:40:48 AM

Larry King: “You Don’t Divorce Your Children”
Larry King Talks about Divorce and the impact on kids.
7/22/2014 12:11:45 PM

Judge casts feuding Hamilton couple in ‘Breaking Bad Parents’
It's about time Judge's told it like it really is, and held parents to account. If only more Judges would let it be known that they ae looking for the mature parent...Great story here...we need to see more Judges do things like this that instruct parents that their lawyers encouraging them to fight is not the way to go.
7/17/2014 9:21:08 AM

The ANSWER for Divorced Dads looking to WIN in Family Court
There is no reason to be losing so badly when you are a divorced dad in Family Court... except that you don't have the right ideas, tools nor skills. BUT....IF… you can listen, follow a plan and are “coach-able”, we can DEFINITELY help you to improve the situation thi Sunday January 13th, 2008 on our teleseminar / webcast at DivorcedDadWeekly.com
1/11/2008 3:36:48 AM

Summary - “Divorce 101 - Step Four - Negotiation: Positioning For Peace”
Waging Peace is the # 1 Negotiation / Positioning tool, strategy, tactic and systematic approach we recommend for creating multiple win/win solutions when you are a divorced dad in Family Court, facing custody, access, child visitation and child support issues. Waging Peace means putting aside blame, anger, recrimination, fault finding, revenge and all other negative emotions and fully considering the implications of every choice you make and how it will affect your child of divorce.
10/22/2007 2:49:08 PM

Divorced Dads - FREE Teleseminar / Webcast Training Call Tonight October 22, 2007 at 7:30 PM EST
"DIVORCED DAD WEEKLY TELESEMINAR / WEBCAST TONIGHT!" Our regular weekly 70 minute teleseminars tonight Monday October 22nd, 2007 at 7:50 PM EST. Please join us on the call before it begins at 7:50 PM EST. TONIGHT'S CALL: Divorce 101 - Step 4: Negotiation: "Positioning for Peace..."
10/22/2007 2:42:29 PM

Divorced Dads - FREE Teleseminar / Webcast Training Call Tonight at 7:30 PM EST
"DIVORCED DAD WEEKLY TELESEMINAR / WEBCAST TONIGHT!" Our regular weekly 70 minute teleseminars tonight Monday October 15th, 2007 at 7:50 PM EST. Please join us on the call before it begins at 7:50 PM EST.
10/15/2007 12:59:42 PM

Divorced dads - FREE Teleseminar / Webcast Training Call Tonight at 7:30 PM EST
"DIVORCED DAD WEEKLY TELESEMINAR / WEBCAST TONIGHT!" Our regular weekly 70 minute teleseminars begin tonight Monday September 24th, 2007 at 7:30 PM EST. Please join us on the call before it begins at 7:50 PM EST.
9/24/2007 3:30:31 PM

FREE teleseminar for Divorced Dads launches Thursday December 21st, 2006
Please join our FREE 70- minute call at 5:30 PST/8:30 EST fo Divorced Dads on Thursday December 21st, 2006.
9/24/2007 1:52:10 PM

Divorced Dad Daily - The FRI Blog

Divorced Dad Daily (DDD) is the the main blog (parent) of FRI. It includes a category (child) entitled Fathers Resources.

9/24/2007 12:10:16 AM

Press Release Blog
We will be keeping the media and the public up to date on Fathers Resources International by publishing press releases and media reports here on the Press & Media Blog.
9/24/2007 12:10:16 AM

History of Fathers Resources International - Part one
History of Fathers Resources International, its activities and the autobiography of its founder, Danny Guspie. Part one - Prologue: The boy becomes the man: A childhood hero points the way and provides the inspiration.
9/24/2007 12:10:16 AM

'Virtual' Visits the future of Parenting Time
Virtual Parenting Time
9/24/2007 12:10:16 AM

Joint custody could improve state's child support efforts

FOLLOW THE MONEY...

Good article here on child support enforcement being improved by having a joint custody presumption in Michigan:

Note the following - the industrialization of child support as an adjunct to "The Divorce Industry"

One thousand seven hundred employees now work full-time in Friend of the Court offices as referees, counselors, clerks, and support staff in all 83 Michigan counties. In addition, many employees of the criminal justice system devote a major portion of their workday to this last vestige of debtor's prison.

So it is no surprise that there was consternation in Lansing over a federal plan that cut nearly a quarter billion dollars in Michigan subsidies for child-support enforcement. But one state legislator, Rep. Leslie Mortimer, R-Horton, has introduced a bill that could reduce the need for devoting so many resources to child support enforcement.

The problem we see daily is the "Ghost figures" that Ontario uses for its claim that there is 3 Billion dollars in unpaid child support.

Hogwash - 2 Billion of it is nothing but the meter ticking on matters that never return to Court for a termination order because dad can't afford a lawyer to get his Court order changed. Then he faces licence suspensions and possible jail time.

In the Alberta case Henry and Henry which is currently before the Canada's Supreme Court, a dissenting Judge nailed it perfectly - If child support should automatically go up with an increase of income, fairness dictates the reverse should also happen - Child support should go down when income decreases.

But then what would everybody at Child Support Enforcement do for a real job?

9/24/2007 12:10:16 AM

Divorced Dad brings test case to publicize shared parenting deal
Divorced Dad brings test case to publicize shared parenting deal - Dad wants to set example to other former couples: Injunction bans him from revealing details of his parenting plan.
9/24/2007 12:10:16 AM

Repeal the Bradley Amendment - The birth of Debtors Prison for Dads Worldwide
Repeal the Bradley Amendment - Where the Child Support money trail begins in North America and the creation of Debtor Prison for Fathers in The United States...
9/24/2007 12:10:16 AM

History of Fathers Resources International - Part Two

History of Fathers Resources International - Part Two

By Danny Guspie

PROLOGUE: Part 2 -  The Apple does not fall far from the tree

“The Beatles: An Authorized Biography” by Hunter Davies spoke to me like no other book I’d ever read before. I was a well read kid at that point, having read everything I could get my hands on from the moment I could read which would be somewhere around age four when my mother taught me the alphabet with a set of plastic letters that had magnets and a board to move them around on…

The Book: A wondrous tale happy, sad and true (or at least so I believed at that age…) that I related to. Mainly because of John Lennon’s family history, there was something very familiar and haunting about it, despite many things that were not held in common between our respective families. It was his quintessential Rock n’ Roll vocal – he seemed like the real deal (at a time when my family seemed like a charade…). I could not only hear his pain, but I could feel it – it gave expression to my own.

So began a love affair of a different sort, one of a young boy who’d found a kindred spirit, who wanted to know why he’d been so deeply affected by this story. It was not to be the first or the last time John Lennon would profoundly shape my development and independence in the same way Elvis Presley did for Lennon at age 15…

Arguably, Lennon’s music and the Beatles were the most influential aspect of my young life, helping me to feel hope, happiness and providing a language to articulate express and begin creating my own identity during my family crisis and resulting divorce. I always knew my parents were troubled from age 1 onwards. But at age 9 I became extremely cognizant that the end of my family was nigh.

John gave me an outlet. A very healthy one. He taught me how to transform pain into art. Music has always been my greatest outlet to expression. But John taught me how to scream. Really scream in a Rock n’ Roll way - Once I heard his first solo album when I was 12. I began my own form of primal therapy. When I heard him sing “Mother” I finally felt I wasn’t the only one who felt the same pain over a family that had large problems.

I absorbed Rock n’ Roll totally. It gave me a reason to get up everyday. Even today Little Richard’s “Wop bop a loo bop a wop bam boom…gets me “rockin’” I’m sure anyone who hears me play today, and who has heard my songs can easily see that John Lennon and Keith Richards made a huge and everlasting impression on me musically.

So I began playing drums and songwriting, and emulating John. Within 12 months my parents separated and ultimately divorced and I became a latch key kid, living with dad first then Mom, then on my own. So began my lifelong journey with divorce - But before I left home, I became a full fledged drop out. Spare was my favorite class in High School (with “high” being the operative word….)

At age 14 I was playing guitar, hooky on a daily basis, had done an enormous amount of drugs of all sorts and on weekends go to watch the film Rolling Stones “Gimme Shelter” - 35 times to be exact at CineCity. I was also fanatical film watcher at the “Original 99 cent Roxy Theatre” long before the Rocky Horror Picture Show destroyed and closed that theatre down for good. It was a good place to hang and get high with minimal fuss and forget the mess my life was because of my own unhappiness with my family.

Next – Lost and Found

9/24/2007 12:10:16 AM

Shared parenting Bill in New York State
'Shared parenting' seen as custody solution Bills in New York would require courts to treat mom, dad equally
9/24/2007 12:10:16 AM

Child-support bill tied to revoked drivers' licenses fails in Utah
A child-support bill tied to drivers' licenses fails to pass the Senate in Utah - Associated Press: Utah Senators had concerns about revoking the driving privileges of those not paying child support because they weren't being allowed to see their children.
9/24/2007 12:10:16 AM

Children so traumatized by their parents divorce, that they need psychiatric treatment
A record number of Ulster Ireland couples are splitting up - leaving children so traumatized they need psychiatric treatment - it emerged today. A family expert said she feared divorce levels here had reached epidemic proportions.
9/24/2007 12:10:16 AM

MORE than 300,000 divorced dads will pay more relaistic child suport in Australia
Caring for a child for between 52 and 126 nights each year will reduce the amount owed by 24 per cent, while those with custody for more than 176 nights will cut their maintenance bills by half. The new formula also recognises for the first time that the cost of raising children increases as they get older.
9/24/2007 12:10:16 AM

"ISN'T CHILD SUPPORT FOR THE CHILD?" By Danny Guspie
Open letter from Danny Guspie to the Governments of Canada: "ISN'T CHILD SUPPORT FOR THE CHILD?" I was inspired to ask yet again for an accounting of where the increased tax revenue dollars go since the implementation of the Child Support Guidelines in 1997. Heidi and I met with the Department of Finance who could not give us these answers 9 years ago. Hopefully they've had time to do the books ;-)
9/24/2007 12:10:16 AM

Prime Minister Harper - Hockey Dad
The winds of political change for Divorced Dads in Canada begins at a hockey rinck on Otta...
9/24/2007 12:10:16 AM

Adultery = No Spousal Support in South Carolina
No spousal support for adultery in South Carolina
9/24/2007 12:10:16 AM

The REAL problem with unilateral no-fault divorce
"The problem with unilateral no-fault divorce is that it hurts women by removing the incentive for the moneyed spouse (who is usually the husband) to make a settlement,"
9/24/2007 12:10:16 AM

Love's grand - Divorce is a Hundred Grand ;-)
Yes, say two University of Virginia sociologists who found that married women are happiest with a sensitive guy who earns most of the family's money. Women are also willing to take on more housework if they feel their husbands pay attention to them, and they feel the arrangement is "fair," if not equal.
9/24/2007 12:10:16 AM

Divorced Dad and Actor Alec Baldwin writes book on Family Court

Actor Alec Baldwin is writing a book about child custody cases after enduring a heartbreaking custody battle for his daughter, Ireland. "The book is not necessarily a memoir about my own situation, because no matter what you do, no matter how difficult this process is, you've got to keep in mind the other party is still the co-parent of your child, so you've got to be careful there."

The day is soon coming where we will hit critical mass - Change will come about because even the famous, rich and powerful who have been burned so badly in Family Court will make it their life's work to make change possible.

I really like that he says: "...you've got to keep in mind the other party is still the co-parent of your child."

9/24/2007 12:10:16 AM

Divorced Dad in South Dakota takes MASSIVE ACTION
NORTH DAKOTA: Secretary of state OKs child custody initiative by Divorced Dad - He has until August to get nearly 13,000 signatures to get it on the ballot for a state-wide vote.
9/24/2007 12:10:16 AM

Divorced Dads Unite: "ISN'T CHILD SUPPORT FOR THE CHILD?" - Part two
TAKE ACTION - Children of Divorce should not be paying down the national debt.
9/24/2007 12:10:16 AM
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