Manage your Blog

Create your blog now! Easy and Free

BEST TORONTO LAWYER IS ALSO THE BEST LAWYER FOR DIVORCE, CUSTODY & RELATED ISSUES!

05/05/2007 GMT -4

BEST TORONTO LAWYER IS THE BEST DIVORCE AND CUSTODY LAWYER

legalese @ 18:16

You Need A Tough Lawyer If The Possibility Of Divorce Exists!

Divorce, Custody, Immigration or Other Legal Problems or Questions of Any Kind? Contact Irving Solnik, He Is The Best Toronto Lawyer And Is Tough, Fearless and Experienced-A Lawyer Who Practices All Areas Of Law!

Call (416) 932-8509 and speak to Irving Solnik at no cost or obligation until 10PM evenings and weekends.

He has many years experience and practices numerous areas of law-from commonplace to complex matters. He is tough, fearless, indefatigable & always does whatever it takes. He also provides personal service & accepts legal aid & contingency cases.

Shamus O'Drunkahan writes “Irving Solnik is my new lawyer. How can I lose With Him Beside Me? With Him At My side, How Can I Lose?"

Read about him at any search engine and you will find why is is the top gun Toronto lawyer.

A Tough and Experienced Lawyer, Irving Solnik, Will Act For You In Any Legal Matter-Especially Divorce, Custody, Separation and All Related Family Law Matters.

In part he will do so because he personally experienced many years of in court for divorce and child custody and the experience he obtained virtually defies imagination, as you will read in this post.

Fearless Tough Toronto Lawyer Excels In Divorce, Immigration, Civil & Criminal Law And Other Legal Problems Of Any Kind!

Call (416) 932-8509 & talk to Irving Solnik at no cost or obligation.

IRVING SOLNIK IS AN OUTSTANDING TORONTO LAWYER-HIS KNOWLEDGE & ABILITIES ARE AWESOME!HE IS FEARLESS, INDEFATIGABLE , A FORMIDABLE OPPONENTAND A BRILLIANT MASTER LEGAL STRATEGIST.

Finding the right lawyer shouldn’t be a trial itself & it wont be if you call Irving Solnik.He is tough, a master legal strategist, & a greatly in demand lawyer. His knowledge of & experience in all aspects of law is awesome-(he has been a lawyer for many years)-his experience includes divorce, immigration, real estate, business, libel & slander, civil & criminal litigation.

IRVING SOLNIK IS A GREAT & AWESOME LAWYER FOR DIVORCE, IMMIGRATION, PERSONAL INJURIES & MOST OTHER LEGAL MATTERS!

HE IS WITHOUT DOUBT ONE OF THE BEST, TOUGHEST AND MOST BRILLIANT LAWYERS IN TORONTO. HIS KNOWLEDGE OF LAW AND THE LEGAL STRATEGIES HE DEVELOPED AND USES ARE AWESOME AND INVARIABLY SPECTACULAR!

When you read about me you will quickly find out all about me, my abilities, experience, that I am Toronto's top gun lawyer, a master strategist in law and business and the toughest lawyer in Toronto and why.

I always do whatever it takes, never give up, am fearless and practice numerous areas of law-from commonplace matters such as: real estate, divorce, custody and child abduction on the one hand to libel, slander and other highly complicated, extremely serious matters including civil/criminal litigation of all kinds.

When you need a lawyer no matter the reason call me and you will will find that I always do whatever it takes and I also provide prompt personal service.

With over forty years experience in law and business there is very little in law I have not practiced, likewise in business, having been involved in many and virtually in all aspects of real estate.

I have been in house counsel, CEO, sales, marketing and advertising managers and in other high positions in in a number of companies in various businesses.

I have also been a builder and developer and built apartment and office buildings, shopping center and condominium and subdivided and improved land.

But my greatest love is law-the practice of law and no matter what, the diversity of my law practice and the enjoyment I obtain from practicing most aspects of law is exponentially greater than that of business and real estate.In business and real estate I can readily make much more money than in the practice of law.

But my love of practicing law exceeds many times the enjoyment and the money I obtain in business and real estate notwithstanding that in law I can make only a fraction of the money that I could make otherwise.

After being involved in many businesses and real estate I realized how much I missed the practice of law.

Consequently I simply walked away and divested myself of my business and real estate interests to practice law full time, often into the wee hours of the nights.

THE FOLLOWING ARE SOME OF CATEGORIES OF LAW I COMMONLY PRACTICE:

Family Law (Divorce, Custody, Separation,Child Abduction & Related Matters)
Personal Injuries and Accidents
Automobile accidents
Wills & Estates
Immigration & Citizenship
Civil or Criminal Litigation
Criminal Offenses of Any Kind
Insurance Claims or Actions
Real Estate (ALL ASPECTS)
Entertainment Law
Corporations & Business
Contracts & Agreements
Municipal law & bylaws
Construction law
Expropriation, eminent domain
Employment & Wrongful Dismissal
Medical Malpractice
DUI and all other Highway Traffic Act offenses.
Libel and Slander

My knowledge in many arenas of law and other subjects is extensive and my tongue can be more cutting than a lash-an invaluable tool in law.

No matter what category of law is involved I am at ease when practicing it for I am quite familiar with the law in general, much of it it in particular and virtually all of its categories.

When you need a tough lawyer who never gives up and always does whatever it takes with no holds barred contact me.

No matter what the legal issue is I am more than capable of looking after it to your complete satisfaction.

I became a tough lawyer and major legal strategist to literally survive because I was personally pitted against a massive coterie of the finest and most expensive lawyers in the USA and Canada who acted for my ex wife after we were divorced and she illegally abducted our two young sons after I won custody.........

Yes, I won custody of our two young sons no matter the skills, experience and exceptionally large retainers her lawyers commanded.

My many strengths in law include negotiations, litigation (I am an outstanding and charismatic public speaker and motivator), family law in all its aspects, having personally been involved in the nightmare divorce and custody case that she instituted that lasted over six horrendous years.

The strengths and talent I possess also extend to most other areas of law and they finally manifested themselves after the legal battles began.

My ex-wife illegally abducted-kidnapped-our two sons twice after I was awarded sole custody of them because the Court decided that it was in their best interests that I have custody-in what may be well the toughest and most expensive custody case in history.

The case went all the way to the Supreme Court of Canada and the court refused to hear it. The appeal was made by my ex-wife backed by her multi-millionaire parents and the refusal of the Court to hear it meant that the decision of the Court of Appeal was upheld.

However this did not deter my ex wife, her parents and other conspirators from kidnapping them again.

It is truly a tale of horror and horrendous in many ways so much so that it was only recently that I regained the emotional strength to write about it.

My ex father-in-law was estimated to be worth several hundred million dollars although he stated when cross examined as a witness that he was not worth several hundred million dollars but a lesser sum.

Be that as it may, he retained for my ex-wife-his daughter, the law firm of Vinson, Elkins, the venerable, highly respected, venerable and major law firm of Houston, believed by many to be the most powerful law firm in the world (and for good reason-details are available on request).

Vinson, Elkins participated in the kidnapping of my two young sons. Not only did they create the plan for the kidnapping together with other evil conspirators some of whom were highly placed individuals-a law professor, doctors, politicians, a reporter, a chief of police and even court officials to name but a few.

A front page feature story in the Globe & Mail at the time had headlines that blared "Millions Spent On Custody Row."

I learned more about law, litigation, negotiations, strategies, tactics and court protocol during more than six years in Texas and Ontario courts-more than in law school, more than in twenty years of practicing law and more than most lawyers learn in a lifetime.

And equally important I found I had strengths I barely knew including tenacious persistence and the ability not to ever give up no matter what.

You an read about it at: http://www.abductedchildren.blogspot.com/

To state that I was stunned beyond belief when I found out who all the conspirators were is the understatement of the century.

The one saving grace was that a Judge, in Ontario, a rarity-a truly honest man who was to hear part of the lawsuit called and advised me that he had been offered a bribe by a former chief of police but refused to accept it.

He then called to find out if I wanted him to recuse himself from being the presiding judge. I thanked him and asked that he remain as the judge and he did so.

I won every court battle but lost the war because after they were kidnapped again I could not locate them anywhere-that’s what many millions of dollars can do. It is now some 20 years since I saw or heard of them. The pain has not diminished but at least now I can talk and write about it.

Undoubtedly aside from the above, one of the prime factors in my success in law and in business is a result of my intensive study of the book "The Art of War" written some three thousand years ago by the famous Chinese strategist, Sun Tzu, considered to be perhaps the greatest military strategist ever.

He was a contemporary of Confucius and the strategies he created work equally well now if not better than 3000 years ago. I also studied the works of the greatest strategists in history including those of Tao Tzu, whose strategies were often modified and utilized by Sun Tzu.

I was able, after intensive study, (I had the book translated for me from Chinese into English) to modify and adapt the strategies of Sun Tzu to law, business and real estate.

I also developed a number of highly effective strategies of my own that produced results that were often spectacular.

The strategies I created, in law and otherwise work in good times or bad regardless of the kind of legal matters involved and now they enure to the benefit of my clients.

When you need a lawyer who is tenacious, fearless, experienced and awesome call me at: (416) 854-7059 anytime.

And I mean anytime-including weekends and evenings. I take legal aid cases for those that have just cause and contingency cases too. Or send an email to me at: irvingasolnik@lawyer.com

When you need a tough and awesome lawyer who is fearless and a fierce adversary-whether the matter is commonplace or serious and complicated, call me. There are few lawyers if any who will do all that I will and I make house calls too!

Because of the personal service I provide and outstanding legal work, I must limit new clients to but a few at any given time, so act now and call me today for a free consultation.

Irving Solnik

P.S. You might note that I am a tough but compassionate lawyer and wholly devoted to my clients. My patience is legend as is my persistence and tenacity.

P.P.S. AN IMORTANT NOTE ABOUT DIVORCE!

Why You Need And Why You Should Get A Lawyer If The Possibility Of A Divorce Exists!

Know Your Rights And Obligations Before Its Too Late Especially When There are Children!

"Get a lawyer" is often the first thing that someone facing divorce is advised by family and friends.

For the person whose life has just gone off track, who wants more than anything to get back to "life as usual," that advice can seem cold.

The reality is that legal advice and help is critical even if all it involves is a preliminary consultation.

Contacting a lawyer should not signal a bloody war between spouses but rather to protect each person's interests at a very stressful and emotional time.

Yet a bloody signal is almost invariably made and all too often when there are children.

Here's what ONE CLIENT wrote regarding the advice to newcomers to RETAIN A LAWYER.

"I am reconciled with my husband." That said, my first advice is still usually "get a lawyer-know your rights and responsibilities."

The reason for this is that many people who wind up with lawyer are not necessarily getting divorced -- they are being divorced.

"Can you forgive him or her" is irrelevant when the other spouse doesn't give a damn if you forgive them, beg, plead, crawl or just go away and die.

"When we were first starting our divorce, I was unemployed, but we had savings, I had the house, and I knew I would get a job. I wasn't worried about being homeless or starving, or any of the things that seem to traumatize people at the beginning of this process."

Divorce is an emotional, thought-provoking time in people's lives, and unfortunately, that is usually NOT the best time to be making decisions that could have life-long consequences.

Unfortunately, that is how this process works. Since it is a legal process that can occur totally without someone's consent, having a third party who is emotionally neutral but legally advocating for you can make worlds of difference.

It takes two people to make or save a marriage -- it only takes one to get a divorce. Many times, the spouse who has asked for the divorce has already done their emotional separating, their "grieving" for the end of the marriage, and their research on just how to get out.

The spouse that gets the surprise "I want a divorce" starts out already behind the 8-ball.

When people come here asking, "What will happen to me?", "Can he throw me out of my house?", "Can she take my kids away from me?"

"Can he keep everything because I haven't worked outside the home in 15 years?" then my first advice will still be "Get a lawyer."

Reconciliation, counseling, etc. can happen at any point in the process, but the time to cover your a$$ is before you get frostbite.

When you get a lawyer, retain a tough experienced one who always does whatever it takes, is fearless, indefatigable and a formidable opponent. Need I say more?

The Pain Of Legal Problems Is Horrific!

The Pain Caused By Existing Or Threatening Legal Problems Or Matters Including Divorce And Income Tax Is Horrific And Can Cause Excruciating Pain, Even Death!

Irving Solnik, the brilliant lawyer is also a healer who can remedy and heal the source of your pain caused by legal problems, often quickly and rid you of the pain-if you let him!

The life of a tough busy lawyer and some of fascinating cases in most fields of law is revealed in this post for the first time ever.

This post also contains important caveats-"When Divorce Threatens" and "Spouses Beware, You Can Go To Jail."

In such cases the true tragedies are almost invariably the children because more and more either or both parents use the children as pawns-mostly to wreak vengeance on each other.

As a result the pain caused by the legal problems is horrific especially on the children but also on the parent who does not use the children as a pawn as the other parent does. If divorces or any legal problem threatens, you will quickly find out what you must do.

I recommend that you quickly retain a lawyer-one who is tough, indefatigable and always does whatever it takes. It need not be me but whoever it is must be as I am, tough, indefatigable and all else necessary to succeed.

I know only to well whereof I write. My ex wife kidnapped our two young sons after I won custody and after well over six years most of which were spent in courts and hearings that cost me millions of dollars; I became what I am now-tough, aggressive, fearless and more.
Only my adversaries need to be concerned because of my tenacious persistence, aggressiveness, fearless, knowledge, strategies and tactics I created and utilize-in the courts and at the negotiating tables. My clients on the other hand will find me compassionate, patient and deeply concerned about them at all times.

IRVING SOLNIK IS A TOUGH, BRILLIANT TORONTO LAWYER, A LEGAL GENIUS AND THE BEST YOU WILL EVER FIND!

HE PRACTICES TAX LAW (income tax and amnesty), FAMILY LAW (divorce and related issues), CIVIL LAW (companies, business, ventures, torts, contracts and agreements), MEDICAL MALPRACTICE and CRIMINAL LAW (defence), CIVIL AND CRIMINAL LITIGATION AND MOST AREAS OF LAW!

“I have many years of successful experience and an encyclopedic knowledge of law that is awesome. What’s more I practice law the way law should be practiced and greatly excel in most areas of law including litigation. “

“The areas I most commonly practices are taxation, divorce, immigration, accidents, business law, taxation, corporations and numerous other commonplace matters on the one hand, libel and slander and complex matters including civil/criminal litigation on the other hand. “

“I am tough, fearless, indefatigable and always does whatever it takes and am a formidable opponent in the courtrooms and at the negotiating tables and “losing” is not in my vocabulary. I also provide personal service and can be contacted evenings and weekends.”

FINDING THE FINEST LAWYER SHOULD NOT BE A TRIAL!
Finding the finest Toronto lawyer should not be a trial itself but it commonly is these days. It need not be if you if you retain me. I am one of the best and toughest of lawyers. When you need a lawyer for any legal matter no matter what it is call me. I am also master legal strategist who will look after all your legal needs.

Aside from being tough, I also compassionate especially for my clients but his adversaries at the negotiating tables or in court would never know it.

My experience of many years are not only in most aspects of law but in business, mysticism, writing, teaching, exploring, seeing, doing and much more worldwide. I always do whatever it takes for clients, with no holds barred.

My knowledge in many arenas is extensive and encyclopedic and my tongue can be the worst of lashes.
No matter what category of law is involved I can successfully look after it and my clients are always first and foremost. My tenacity and persistence is legend. I also make house calls, am on call 24/7 and can also be reached evenings and weekends. I also provide prompt personal service, a rarity today.

What’s more I accept legal aid when the cause is just and contingency cases too. I also provide free legal advice. My experience includes a disastrous episode in my life that I could well do without. But to every disadvantage there is advantage.

In almost all legal matters time can be of the essence and please don’t fall into the trap of waiting, hoping or doing nothing. When you need advice, help or assistance in any legal matter, call me. There is little in law that I can’t successfully practice.

Call (416) 932-8509 anytime including evenings and weekends or send an email to: solniklaw@lawyer.com

Because I personally devote my time and effort to all clients I can accept only with a limited number of new clients at any given time. I suggest you call me as quickly as you can. Time waits for no man and this window of opportunity is open only for a short time. Act on it.

A SPECTACULAR STRATEGY ENABLED A CLIENT TO WIN CUSTODY OF HER THREE YEAR OLD SON IN ONLY THREE MONTHS!
Obtaining custody usually takes many months, even years yet I was successful in only three months!

Ramona is a lovely and gentle lady and father who appears many years younger than she is. She has three children ages 19, 15 and three. She, her husband, her sisters, children and parents moved to Canada from a country governed by an infamous dictator, to be free and ensure the education of her children in Toronto, Canada.

After several years living here she decided that she wanted sole custody of her three year old son and a restraining order against her husband so that he is prevented from kidnapping their three year old son and to have limited and supervised access to him.

She was fully justified in so doing because her husband had become a criminal and drug trafficker. To boot he had a temper he could not manage and was often violent in many ways. He frequently beat her but she remained silent out of fear for herself and fear that he would do likewise to the children.
He had been arrested and ordered deported from Canada and was free on bail that she put up because of her fear that if she did not do so she and her three year old son would suffer disastrous consequences. Her husband had often told her that one day when she least expect it he would kidnap the child and remove him to a far and distant country where she would never again see her son.

The entire family came from a country that had no treaty with Canada about deportation and as a result he would be kept detained and locked up until Canada would find a country that would accept him. In the meantime Ramona lived in constant fear that not only greatly affected her emotionally but was beginning to affect her physically because of the unending stress. What was she to do as she lived in a nightmare of fear and anxiety?

After much soul searching she realized that she must have help for herself and the children. She went to the police but because she lacked evidence they refused to become involved. Finally she decided to see a lawyer. But what lawyer should see. She did not know any lawyers. By coincidence she heard about me even though she did not have any money to pay a lawyer. She made an appointment to see me and I listened to her tail of woe.

When she said she had no money I advised her to see Legal Aid Ontario and if they would not help her I would do so on a pro bono basis.

She then went to legal aid and after I sent them a letter, Legal Aid provided her with a certificate that they would pay their customary legal fees based on their tariff.

The fees paid by Legal Aid to lawyers are substantially less than I and most lawyers customarily charge and the hours put in by the lawyer are often far less than needed to ensure justice is done. Nevertheless I agreed to act for her and she succeeded in winning custody.

I then filed the necessary documents for a motion to be heard by a Judge requesting that she ask the court for sole custody, that her husband be restrained from seeing or having anything whatsoever to do with her three year old or her and that the police intervene if necessary. I also asked that the action I brought was to be on a ex parte basis- i.e. that her husband be given no notice of the proceedings.

The Judge was reluctant to do so notwithstanding the overwhelming evidence. I addressed the Judges concerns and injected what I thought was essential and why. I pointed out that if the order was not obtained as requested, a major disaster was but waiting in the wings to take place.
After addressing the Judge for well over an hour the Judge agreed to issue a temporary order for sole custody and likewise a restraining order. However the husband was to be served with the order within twelve days so that he could present his side of the matter.

Ramona then tearfully thanked the Judge and the Judge said to her “Don’t thank me, thank your lawyer.” This made feel good.

Ramona’s older sister was able to serve the documents on Ramona’s husband and a date for a hearing at which he could appear and argue against the Judge’s order and a date about one month later was set.

At the hearing Ramona’s husband appeared in person but without a lawyer even though he opposed the interim order. Finally the judge set another date about six weeks later so that her husband could retain counsel.

During this time the interim order was allowed to remain in force. The weeks went by quickly and at the hearing Ramona’s husband did not appear in person or by counsel.

The court decided to wait an hour before the hearing was under way but I was more than surprised that a different Judge was presiding.

The Judge read all the documents and decided there was insufficient evidence to make the interim orders permanent. I was suddenly shocked beyond belief when I heard the words the Judge then uttered. The entire hearing should not have taken more than five minutes especially because Ramon’s husband had not appeared but it lasted about two hours because of my legal arguments.

I argued most forcefully and again pointed out the overwhelming evidence and not matter how I tried my words fell on deaf ears. I pointed out the overwhelming evidence and simply stated there was not any more. In actual fact there was no further evidence and I had a sinking feeling.

The new Judge for all intents and purposes had overruled the orders of the first Judge but allowed them to stay in effect for two weeks when we to appear with additional evidence the Judge insisted upon. For one of the few times in my life I was at a loss for words, Ramona was extremely upset and on the verge of breaking down.

I comforted her as best I could and she then left to return home. I said that I would contact her shortly and that I believed justice would triumph in the end.
I went through all the documents and evidence with a fine tooth comb but could not find anything new and then decided not to think about the case for a while so that my mind could focus without the element of emotion.

Days went by and I could not come up with anything new and finally, three days before the hearing a new thought began to crystallize in my mind. It was a long shot by any stretch of the imagination. I then called Ramona and told her I wanted her to write in her own words how she felt, all that her husband had done in the past and what he could and likely would do in the future if the orders were not made permanent. I wanted a tear jerker and told Ramona to write everything she could think that might appeal to the Judge.

Finally the night before the hearing Ramona dropped the letter off at my office and when I read it I knew we had struck oil. If Ramona’s letter failed, disaster was waiting in the wings and about to pounce with a vengeance. The next morning we appeared before the Judge and I asked her permission to file it with her since there had been to time to file the letter otherwise with the court.
The Judge agreed, took the letter and retired to judge’s chambers.

About fifteen minutes passed before the Judge reappeared and we were in for a major shock. The Judge then announced that the order was made permanent. We could scarcely believe our ears but were all delighted, a gross understatement. We were all ecstatic.

Ramona and her three year old son were safe at last. By far most custody cases takes many months and often years to resolve and because of my efforts and the strategy I used Ramona obtained sole custody of her three year old son in less than three months-perhaps a record time for custody.

LEGAL STRATEGIES:
The strategy I used in Ramona's case worked and worked well and the strategy is one I have used successfully in the past. Over the years I have developed a number of courtroom and negotiating strategies and tactics that have invariably produced spectacular results.

My ability to do has been finely honed over the years by practice and through my studies of strategies for war. I have studied the greatest military strategists in history and am especially enthralled with the brilliance Sun Tsu, the famous Chinese, a contemporary of Confucius who espoused his strategies for war in his book “The Art Of War.”

The strategies Sun Tsu created seem to work much better in the 21st century than they did some 3000 years ago.
I have also adapted modified strategies for use in business and in the professions including law and I also created a number of highly effective strategies of my own.

For all who are interested I have written a number of interesting and informative articles about my strategies and practice of law. They can be read at my b-lawg: http://irvingsolnik.blogster.com

WHY RETAIN IRVING SOLNIK AS YOUR LAWYER?
IRVING SOLNIK IS FEARLESS, AGGRESSIVE, AN INDEFATIGABLE LAWYER AND ONE OF THE VERY BEST TORONTO LAWYERS.

HE PRACTICES TAX LAW (income tax and amnesty), FAMILY LAW (divorce and related issues), CIVIL LAW (companies, business, ventures, torts, contracts and agreements), MEDICAL MALPRACTICE and CRIMINAL LAW (serious crimes only), CIVIL AND CRIMINAL LITIGATION AND MOST AREAS OF LAW!

“I have many years of successful experience and an encyclopedic knowledge of law that is awesome. What’s more I practice law the way law should be practiced and greatly excel in most areas of law. “

“The areas I most commonly practices are taxation, divorce, immigration, accidents, business law, taxation, corporations and numerous other commonplace matters on the one hand, libel and slander and complex matters including civil/criminal litigation on the other hand. “

“I am tough, fearless, indefatigable and always does whatever it takes and am a formidable opponent in the courtrooms and at the negotiating tables and “losing” is not in my vocabulary. I also provide personal service and can be contacted evenings and weekends.”

My knowledge in many arenas is extensive and encyclopedic and my tongue can be the worst of lashes. My clients come first and foremost and all my knowledge, experience and abilities are provided to them including highly effective strategies I develop for each individual case. No matter what category of law is involved I can successfully look after it.

My tenacity and persistence is legend. I also make house calls, am on call 24/7 and can also be reached evenings and weekends. I also provide prompt personal service, a rarity today. My experience includes a disastrous episode in my life that I could well do without. But to every disadvantage there is advantage.

During all the years I spent in court fighting against some of the most brilliant and powerful lawyers anywhere I learned more about litigation, evidence, judges and juries, court room protocol, strategies and tactics and other ways of practicing law than most lawyers learn in a lifetime.

I learned much more than in law school and more than in twenty years of practicing law, more than most lawyers learn in a lifetime. Their children were not kidnapped. All that I learned now inures to the benefit of my clients.

WHAT TO DO WHEN A PARENT IS DENIED ACCESS TO CHILDREN BY THE OTHER PARENT?
When separation or divorce has taken place it is apparent in many cases that when one parent has interim, joint or sole custody, the parent frequently denies access to the other.

This normally occurs when the parent does not drop off the children for access or is not at home when the other parent arrives to pick up the children for access. Another form of denial is termed “over holding the children,” for example, returning the children late, at times by hours and at times for an entire night.

Obviously the custodial parent becomes worried and concerned unless advised of the late return of the children. Denial of access or over holding is almost invariably more frequent at or during holidays and also when the parents live in different cities.

From a legal point of view, the options for dealing with this tactic are rather limited as follows:

1. Lawyers usually can’t do anything immediately because access changeovers often occur on or near weekends. Even if one lawyer manages to reach the other parent’s lawyer, chances are the other parent is not just denying access, but also avoiding their lawyer’s telephone calls.

2. The police generally won’t help you. Normally the reason is that your agreement or court order isn’t specific enough. For example, if you have access every second weekend, it usually is unclear whether this is your access weekend or not.

But even if your agreement or court order is specific, it is rare that the police will want to get involved unless there is a specific order in the court order that states the police are to intervene in such cases. Thus the police will usually advise you to speak with your lawyer. It’s extremely frustrating and aggravating for the parent who is to have the children as well as it is for the children.
The time with and plans you made with your children are ruined without any notice. What to do?

The following are suggestions:
a. Don’t lose your temper and try to remain calm. If this is the first time it has happened, there may well be legitimate reasons why the other parent is delayed.

b. If you have the opportunity, go to court on an urgent basis to get an order directing the police to enforce the visitation order. This is a good option for a longer access periods, for example, if the children were to spend their spring break with you.
c. Keep trying to pick up your children. If you’re supposed to be spending a specific time period with your children, there’s nothing wrong with going to the other parent’s home many times to try to pick up your children. Even if the other parent is the one who is supposed to drop the children off at your home, it may make sense for you to try to pick up your children.

d. Document everything. A stern letter should immediately be sent to the other parent or their lawyer. Such letters are normally not answered but they should be sent. A paper trail is created so that in the future you can show the other parent’s pattern of access denial.

e. Demand make up time but this is usually feasible. Make up time is probably what’s best for the children but obviously the other parent does not think so.

f. If a parent is persistently late returning the children, go to court to get the changeover time modified to an earlier time. Also, consider picking up the children yourself rather than relying on the other parent.

g. If your case hasn’t been resolved yet (i.e. you only have a temporary or interim order for access), use the denials of access to build a case as to why you should get sole custody. One factor courts consider in awarding custody is the willingness of each parent to facilitate access to the child by the other parent.

h. The last resort for dealing with persistent denial of access is to bring a contempt motion before the courts. There are difficulties in proceeding this way, but if the other parent is persistent in denying access you have no choice. The keyword is persistent-it generally is not worth going to court about an occasional missed access period.

Access denial is more common than a lot of people would care to admit. It’s causes range from everything from that legal grey area immediately upon separation where there is no agreement or court order in place to cases where the court order in and of itself is vague and open to interpretation.

A good strategy would be to focus on building a trail of evidence to show the steps a parent takes to respond to access denial in a peaceful and non-adversarial manner. It’s also good to be proactive.

If a person has experienced access denial in the past or if access denial is a legitimate prospect, try sending your spouse advanced notice of your intention to access the children, usually via registered mail in high conflict cases, via email in moderate to low conflict cases.

If the access denial still occurs, send your spouse a registered letter asking to resolve the issue via family mediation and list the names of some mediators. Encourage him/her to select one of the mediators, arrange for the appointment and offer to make yourself available. Give it a week for a response.

If there is no response, or your spouse tells you to “pound salt”, now you have a small trail of evidence to show a judge the steps you took in resolving the conflict. It also shows the contrast between the parents who are mired in divorce conflict versus the parent who is looking for ways to resolve conflict.

Rushing off to court, or even just sending nasty letters between lawyers, which is the instinct of most divorce lawyers and litigants, will generally just serve to heighten tension which may well result in future denials of access.

There are a number of strategies and tactics that can be used to prevent denial of access or at least minimize it. Over the years I have developed such strategies that often have had spectacular success.

They are to an extent, based on the strategies of Sun Tsu, the renowned Chinese war strategist who espoused them in his book, “The Art Of War,” written some 3000 years ago.

When legal problems of any kind occur, or legal matters arise and you need a lawyer with the unique, rare and extensive qualifications I possess,especially in law, dont wait because time is usually of the essence in most legal matters.
Call me at (416) 932-8509 evenings and weekends to or send me an email at: solniklaw@lawyer.com

THE BEST TORONTO LAWYER EXCELS AT CRIMINAL LAW (defense), FAMILY LAW (divorce, custody & related issues), CIVIL/CRIMINAL LITIGATION (he is an unequalled litigator) AND ALL AREAS OF LAW WARNS:

“SPOUSES, ALL MALES AND FEMALES BEWARE!-YOU CAN END UP IN JAIL"
IF YOU ARE A MALE DONT ARGUE WITH YOUR WITH THE OPPOSITE SEX INCLUDING YOUR SPOUSE OR COMMONLAW PARTNER-BECAUSE YOU COULD END UP IN JAIL AS A RESULT OF THE ARGUMENT!

WHEN YOU NEED LEGAL HELP-A LAWYER, CALL IRVING SOLNIK AT (416) 932-8509 ANYTIME INCLUDING EVENINGS AND WEEKENDS UNTIL 10PM.
IF YOU ARE MARRIED, IN A COMMON LAW OR ANY OTHER RELATIONSHIP DONT ARGUE WITH, BECOME ANGRY, SLAP, THREATEN, ASSAULT OR EVEN GENTLY TOUCH YOUR SPOUSE , PARTNER OR ANYONE OF THE OPPOSITE SEX IN ANYWAY!

BECAUSE IF YOU DO SO, YOU CAN BE ARRESTED BY THE POLICE FACE SERIOUS CRIMINAL CHARGES AND END UP IN JAIL WITH A CRIMINAL RECORD OR WORSE!

WHEN TWO PEOPLE-MARRIED SPOUSES, COMMON LAW PARTNERS OR ANY TWO OF THE OPPOSITE SEX ARGUE, ONE OR EVEN BOTH OF THEM COULD BE ARRESTED AND JAILED. A CRIMINAL RECORD OR WORSE COULD WELL BE THE RESULT!

SOUNDS IMPOSSIBLE? IT IS’NT-LET ME PROVE IT TO YOU!

WHAT CAN HAPPEN WHEN A MALE, SPOUSE OR OTHER FEMALE THREATENS, TOUCHS EVEN LIGHTLY, KISSES OR ASSAULTS THE OTHER DURING THE COURSE OF AN ARGUMENT, DISAGREEMENT AND/OR IN ANGRY?

BOTH COULD BE CHARGED AND ARRESTED ALTHOUGH IT IS COMMONLY THE AGGRESSOR WHO IS CHARGED AND IT DOES’NT MATTER WHETHER IT IS THE HUSBAND, WIFE, COMMON LAW PARTNER OR ANYONE OF THE OPPOSITE SEX YOU KNOW.

AS A LAWYER WHO PRACTICES CRIMINAL LAW I HAVE DEFENDED MEN AND WOMEN WHO FACED DIRE PENALTIES UNWITTINGLY BECAUSE OF ANGER AND ALL THAT RESULTED BECAUSE THEIR ANGER COULD NOT BE CONTROLLED.

Married, in a common law or any relationship with the opposite sex? Have both been in an argument with each other and one threatened, assaulted or physically touched the other spouse in anger even though neither has been physically hurt? Has the female attacked the male with a cup, plate, any other small or seemingly inconsequential object?

Have words been said in anger that may be interpreted as a threat? There are many things that can happen when men and women argue and threaten or assault each other. The primary aggressor spouse is invariably charged by the police under the criminal code with threatening, assaulting and a number of other criminal offences ranging from minor to major.

What’s more the aggressor is usually arrested and taken to jail, held for several hours and even overnight or longer before he or she may be released on bail.

Then he or she usually need to appear in court and set a date for a trial-at which one of them may be convicted and face penalties from fines to time in jail.
There is a zero tolerance policy for threatening and/or assault by one spouse of the other even though the ultimate penalty was not contemplated let alone desired by the assaulted or threatened opposite sex.

Now matters become worse because the aggressor who was charged by the police must retain a lawyer to defend him or her. It does not matter whether it was the husband, wife or any other person was charged.

The charged person, usually the male and at times even the female could end up with a criminal record. And if the assault was sexual, the charged aggressor’s name will be forever in the record of sex offenders-even if the charge is withdrawn or dismissed.

As a lawyer who also practices family law I have found such criminal charges are far from infrequent and more important they are increasing rapidly in frequency.
I have been successful the vast majority of the time in having the charge dismissed or withdrawn by the Crown attorney at times on their own recognisance or it terms such as a peace bond is put up and signed by the persson charged, depending on the nature and seriousness of it.

Furthermore if the charge is of a sexual nature and even if the crown withdraws or dismisses the charge or the court finds you innocent, the name of the person charges name is forever thereafter listed in the registry of sexual offenders. This follows you all your life and can readily and horrifically effect your future-education, employment, credit and a myriad of other vital matters.

Arguably the best Toronto lawyer, Irving Solnik , focuses on criminal law, the defence of criminal acts of all kinds-from most serious crimes to crimes committed by spouse against the other and did not realize the potentially serious consequences that could last a lifetime.
Facing a criminal charge obviously creates fear, anxiety and the unknown. Such arise usually from lack of knowledge and understanding what lies ahead. It is common when one lacks the ability and knowledge to objectively assess their situations and this can prevent you from making the right decisions to deal with your problem effectively.

I will attempt to provide you with the knowledge required to determine what course of action is best for you. Always remember that you are presumed innocent until and unless you are proven guilty. You do not need to prove your innocence-it is up to the crown to prove you are guilty beyond a reasonable doubt. The burden of proof lies with the Crown.

However the police tend to ignore the law and the rule of law that one is presumed innocent until proven guilty falls by the wayside.

Of course, knowing the source of information is as important as the information itself. As a lawyer I personally have represented clients charged with a variety of criminal offences-from minor to major. I have been a Toronto lawyer for many years and have not lost a criminal case-the word “lose” is not in my vocabulary and I always do whatever it takes.

To learn more about me simply search any search engine and you will find why I am considered as a tough top gun and and arguably one of the best lawyers in Toronto.

I can be reached at (416) 932-8509 seven days a week including evenings and weekends until 10PM or by email at solniklaw@lawyer.com. You should also read my b-lawg at: http://irvingsolnik.blogster.com and www.irvingsolnik.com

There you will find fascinating articles, case histories, legal strategies and invaluable advice. IAS

Comments

No Comments »

Post a Comment


<a href> <em> <blockquote> <strong> <cite> <code> <ul> <li> <dl> <dt> <dd>

Archive | Create your blog now! Easy and Free