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Old 05-25-2017, 06:03 PM
trinton trinton is offline
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Join Date: Feb 2016
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trinton has a little shameless behaviour in the past
Default Have I proved a material change?

This is with respect to a Motion to change custody and access (filed 6 months after final consent order).

It has been before courts for a little over 2 years now. One case conference and 3 settlement conferences. My initial pleadings are not for 50/50 and I have been seeking 50-50 at the settlement conferences. There has been no settlement and I have discussed a motion to amend if there is no settlement but have been advised by courts that focus hearing should happen first before amending. I have been informed by counsel that the rules allow me to amend if I wish.

A focus hearing was ordered for issue of material change but it never took place. It was adjourned due to interim motions filed by me for disclosure, holidays, etc. Due to motion delays and pending CAS disclosure, there has been many adjournments. Focus hearing was eventually vacated and the courts wanted to discuss next steps on my MTC (which would have been to appoint OCL, amend, and possibly set a trial date.)

OCL was requested initially at case conference but was turned down without valid reasons and later turned down on leave for motion (as part of disclosure motion) as it was suggested that focus hearing must happen first.

There was change of counsel and new counsels put the matter back for a settlement conference and I re-raised OCL request. So there was the 3 initial settlement conferences and the recent one following the focus hearing being vacated. I was granted leave for OCL motion and it ended up going on consent and the courts approved.

Issue of material change wasn't raised at the last SC. Have I proven a material change at this point or is this something that still needs to be proven ?

We are currently preparing for an interim motion to amend for 50/50, expand access to school drop off and pick ups with a contempt portion for a recent denial of access.
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