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Old 02-28-2017, 12:04 PM
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Tayken Tayken is offline
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Quote:
Originally Posted by Janus View Post
Temporary advice:

1) See the kids as much as possible, be prepared to suck up to them. They might be old enough that their view will carry the day.

2) Start saving cash
To Janus' points... Specifically #1. Depending on the children's ages (over 12) their views and opinions will matter and will need to be provided to the court by an independent assessor. Specifically the OCL, guardian ad litem, Section 30 assessor or another independent person the court appoints to obtain and represent the children's views.

To Janus' points... Specifically #2. This is no joke. A mobility matter does not end on a motion. They go to TRIAL. The road is long, hard, and expensive to trial.

Most mobility cases are 8 days scheduled trial generally. For every day in court you can increase the prep time by a lawyer by generally 3 days for a mobility case.

That means you need to have cash to support 8 * 3 = 24 days of legal billing at minimum.

A good mobility lawyer generally (in GTA) costs about 500+ an hour. There are 7.5 hours in a billable day generally. So we are talking about 180 * 500 + tax = $101,700 in legal to have a EXCEPTIONAL lawyer do all the work on this matter. That doesn't cover the incidentals like disbursements etc... Which is about 3% of total costs.

So you are looking at possibly spending 104,751 with maybe at best a 50% chance of success depending on how good your position is. Even if you are successful the costs order on the other party will be very low and generally only about 10% of your total cost... As generally mobility matters are complex and as I quoted above... Require court intervention and are not easily settled between parents. So they don't punish parents for trying to move if their request is genuine.

So if we account for the 10% you would get maybe 10,475 back on costs... (MAYBE!) and you still would have 94,275 you have to cover in your own legal bills.

Now, considering the numbers quoted here... Truly evaluate if the other parent in this matter has the money to bring a proper mobility application. The success factor in mobility factor drops to about 3% when the moving parent is unrepresented. This is because mobility matters are the most complex of any family law matter and it is very hard for lay people to argue them. Very hard!

Good Luck!
Tayken
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