View Single Post
  #25 (permalink)  
Old 05-09-2017, 11:08 AM
Tayken's Avatar
Tayken Tayken is offline
Senior Member
 
Join Date: May 2011
Posts: 6,563
Tayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant future
Default

Quote:
Originally Posted by Dad1985 View Post
Mother - Recommended Sole custody to mother.
This is standard stuff for the OCL to do. It is almost the default. My recommendation would be to counter the OCL report stating parallel parenting.

You are advised to take school as your responsibility and give the other parent medical decisions. The reason being is if the child has no long-term disease then medical decisions are rare and never come up.

School has daily decisions and often is the lightning rod for disputes regarding habitual residential location. If you are the decision maker about schooling then moving a school is hard (or impossible) of the agreement is written properly. A lot turns on education!

Quote:
Originally Posted by Dad1985 View Post
Father - recommended 4 hours of unsupervised access to take place on the weekend (for the next 6 months).
Again, this is an OCL default. You should have never gone to the OCL. The OCL is inappropriate in 98% of cases. And in 98% of the cases they are involved with they only increase conflict. Very little is resolved with the OCL in my humble opinion. It just creates piles of hearsay evidence that you also have to deal with in litigation.

I read in this thread the child in question is 2 years old. In the Toronto Superior Court it would be rare to see an access order like this. I would say the same in the Peel Region as well. Justice Czutrin (Toronto) sets the bar very high for supervised access and non-50-50 of minor children like this. You basically have to be a complete and utter waste of time.

A lot of the old (and dismissed) "tender years doctrine" has been eliminated in most of the major family law jurisdictions but, if you are in a go-nowhere court house then you have issues as the modern concepts haven't evolved there. YOu will need a strong book of authorities on <3 year old access schedules.

Again, the recommendation for an access schedule should be 2-2-3-3. You should be asking the OCL why it is not appropriate. I would even recommend challenging the report if the clinician did not consider parallel parenting (a modern concept) or 2-2-3 access schedule (a modern concept). If there is no mention then you have a lot of ground to stand on.

If... you have about 150,000 in cash on hand to pay for a trial.

Quote:
Originally Posted by Dad1985 View Post
Parenting courses.
Just take one and get the certificate. Don't do a stupid online one. Do a real one. It is a complete waste of time for most people who are not nutjobs. Sort of like prenatal classes...

Quote:
Originally Posted by Dad1985 View Post
Counsiling to deal with stress of the situation.
My recommendation would be to skip the employer supplied stuff. They generally stuff you in with a social worker. I would recommend you find a psychologist (not a psychiatrist) who practices in cognative behaviour therapy and do about 10-16 sessions with them. Generally they cost about 220 an hour for a good one. That is what real therapy or counselling is to the court.

Quote:
Originally Posted by Dad1985 View Post
The current schedule is 2 hours at a play centre (Supervises) 1 hour at the mall (Supervised.)
Who supervises? You should have motioned right up front after the case conference for 2-2-3 access and parallel parenting. Consenting to anything less is NOT recommended. You have a lawyer. Not like you didn't have advice and couldn't have done this.

Time is the worst thing for most cases. You have to be proactive from the start. Don't sit on a bad arrangement. Motion to change it.

Quote:
Originally Posted by Dad1985 View Post
My ex went in line with the OCL recommendations and granted the 4 hours this past sunday. We worked well together to communicate the exchange. She was fed, taken care of, and loved as expected. Although im concerned this is just to show her following of OCL.
It is. But, on the other hand. You have additional time with the child. Once many parents get a favourable OCL report they will hold it up like a golden idol and worship it. You are going to need to smash the idol.

Quote:
Originally Posted by Dad1985 View Post
My laywer was prepared to put an interim access order in place although since the time was granted at will, has decided not to. My lawyer sees this time as oppurtinity to develop new status quo and show im a perfectly competent parent.
With an OCL report like that you don't have any other option. A judge will push the matter to trial if you try to change anything now. Don't sit on a bad OCL report hoping things will magically get better. YOu are going to have to be the agent of change in all this. You are going to have a lot of work to do and a lot of $$ to spend if you want to "devistate" the OCL report.

I hope you have a very good lawyer.

Good Luck!
Tayken
Reply With Quote