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Old 01-28-2017, 10:56 AM
otttawa_dad otttawa_dad is offline
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Good morning.

I'm having a hard time locating a link to the family law article online.

I have found the CLRA link off another post on this site.

I found snip it's of the family laws.

What i`m looking for is section that should be applied when making a judgement on my motion.

16(10) of the Divorce Act which states “the court shall give effect to the principle that the child of the marriage should have as much contact with each spouse as is consistent with the best interests of the child.”

My oldest son keeps asking to be with me. I know he's young. However his mother denies him this.


Article 9(1): States Parties shall ensure that a child shall not be separated from his or her parents against their will, except when competent authorities subject to judicial review determine, in accordance with applicable law and procedures, that such separation is necessary for the best interests of the child. Such determination may be necessary in a particular case such as one involving abuse or neglect of the child by the parents, or one where the parents are living separately and a decision must be made as to the child’s place of residence.

Article 9(3): States Parties shall respect the right of the child who is separated from one or both parents to maintain personal relations and direct contact with both parents on a regular basis, except if it is contrary to the child’s best interests.

I read somewhere a subsection where what ever the parent did previously would not be held against him. Not that I did anything wrong. But would like to reference it.


Quote:
Originally Posted by trinton View Post
Background:

The applicant and I married on x day. We lived together after marriage.

when we lived together, i was a very attentive father and cared for our child equally. There was never any concerns of my parenting when we lived together.

persuant to orde of J hokinpuks, i have access as follows:

the orde was influenced by an ocl report. The OCL report was drafted when the Application was on Maternity leave and the child was approximately 8 months old


Access
The current access schedule is not in the best interest of the children

The applicant is willing to amending the Access schedule to extend Mondays and Wednesday until 8pm on the days that she works

The current schedule offers no routine for the children and does not specify who cares with the children. The child is often confused as to who is picking him up. The school teacher suggested we provided the children with a visual calendar to help her. I firmly believe that the pickup and drop offs should be implemented in a consistent routine.


Changes in circumstance:


the judgment was structured upon the tender years of the children. If the parties had contemplated the children attending school, it is anticipated that detailed provisions relating to the sharing of school holidays and alternate arrangements for pickup and return of the children would have been included in the agreement.

i. [The child] is no longer a baby. She is of an age where it is reasonable for her to spend more time away from her mother and has a need to spend more time with her father.

The father’s work schedule has changed such that he is now able to provide full-time care on a predictable schedule and thus his ability to meet [the child’s] needs has changed in a fundamental way.

The applicant has retained employment with long shift works which includes a combination of nights and day shifts, leaving the child with daycare for extended periods of time. This is a very significatn material change, which if known at hte time, would have resulted in a different order.

The applicant schedule is based on 12hrs shift works. She works 2Day Shifts and 2 Night Shifts.


The applicant parents are now available to provide care. I believe this is time that the child should enjoy with me as his.her parent.

efforts to increase access
The applicant has a history of denying me any extra time with our child.

Jan 20th I finished work early and contacted the applicant to pick up the children early 3:30 as oppsed to 4:00. The applicant informed the respondent that A2 was sleeping. However the applicant was at work and her parents were caring for the children.

I asked for overnight access during Christmas of 2015. The applicant denied this request. Furthermore on the 2 day of the Xmas schedule. THis concerns me because the applicant is unilaterally setitng our times with our child without any concern of my wishes.

The applicant has made unfounded allegations agiainst me

conclusion

The respondents proposed schedule is in the best interest of the children; allowing them maximum contact with both parents

The proposed schedule is the a viable solution to eliminate the need for 3rd party caregivers

The proposed schedule was in effect prior to the separation

The proposed schedule would benefit the children, the applicant and respondent

The proposed schedule would allow the applicant to enjoy a meaningful and continious contact with the children


And I strongly urge you to read up all of the case law and referenced articles posted in the 50-50 debate thread.

and get a good lawyer to read over all that





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