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Old 10-21-2012, 11:05 AM
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Tayken Tayken is offline
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Originally Posted by wife#2 View Post
Ex calls immediate 'emergency' motion. 3 days before school, court. For once in 2 years, we win!!! Child stays in school near us and judge changes schedule to 50/50. Also orders OCL at our request. Costs are still to be determined in this matter.
Proper outcome and application of the "best interests" rules as defined under the Children's Law Reform Act.

Quote:
Originally Posted by wife#2 View Post
Flash forward one year. OCL does their report over the fall/winter. Unfortunately, OCL recommends child primary residence be with mother and change schools to her location (I can write a 10 page agruement over this, but will try to stay on topic).
What jurisprudence (case law) and evidence based medicine does the OCL clinical investigator cite in support of their recommendation. If none, then it is easily defeated in court. See the case law I posted in another thread and other case law reviews in a variety of other threads.

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Originally Posted by wife#2 View Post
Will just say that the only reason OCL gives is that hubby works shifts, and this can be confusing to child (BS, and we think extremely discrimatory against shift workers, but thats another topic for another time!)
Not very strong "evidence" to support a habitual residential move. I am assuming you are a caregiver to the child and avalible to the child when the parent is working. This weighs very high in court and you should present yourself as a "in loco parent" when the parent (your husband) is working.

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Originally Posted by wife#2 View Post
So OCL report is out in Feb. Our lawyer (who we use for advise, not court, can't afford anymore!) tells us they will have to have a case conference on this matter. So we wait. Ex and her lawyer know hubby is against new school or change to access.
And you have a court order preventing the change of the school as noted above in your statement.

Quote:
Originally Posted by wife#2 View Post
Aug 2012, ex calls 'emergency' motion to change school and access based on OCL report. No case conference, no nothing. We consult 2 lawyers and do a ton research, all seem to say status quo is never changed on an emergency motion. Needs to go to trial, need to have case conference, etc. This is pointed out in our affidavit, as well as that there is no harm at all to child to stay in this school until a proper trial, case conference, whatever.
Read this tread and all the links contained in these threads:

http://www.ottawadivorce.com/forum/f...n-stage-12974/

http://www.ottawadivorce.com/forum/f...azaratz-12452/

Quote:
Originally Posted by wife#2 View Post
End of story goes, ex wins, change of access from 50/50 to 30/70. Change schools. And worst even yet, awards her costs at $3000. Were we wrong to not just agree with OCL report? What happened here? Thanks all.
Was this heard on motion or at TRIAL??

You probably went into motion or trial without a proper Book of Authorities linked to your theory of the case. This happens to a lot of unrepresented litigants. There is so much case law evolving that even family law lawyers have no idea how the court is proceeding in jurisprudence.

The two links to other threads have incredibly powerful jurisprudence that could have upset what you experienced before the court. This is why I post this "stuff" to a public forum. So the public it serves can access it, find it and apply it to their matters properly.

If you have a publicly posted decision on CanLII please PRIVATE MESSAGE it to me and I can review it in more detail and provide some insight. I am not a lawyer, do not represent myself as a lawyer... I am just a nerd for jurisprudence and case law. Anything I say should be reviewed with counsel.

Last edited by Tayken; 10-21-2012 at 11:13 AM.
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