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Old 06-30-2017, 05:33 PM
stripes stripes is offline
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Join Date: Feb 2013
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Default Application without date?

Hi everyone,

It's been a while. Very long story short: ex's addiction problems got worse, he came to Kid's school drunk and tried to drive away with her, police had to be called, child protection services brought in, I said "that's the last frigging straw" and retained a lawyer to open negotiation on varying the divorce order to give me sole custody. I would like to deal with this through binding arbitration and avoid court if possible. Kid has been living with me full-time since September 2016 because ex has been deteriorating rapidly. She sees ex for short visits 2-3 times a week.

Ex hires lawyer who advertises on the sides of buses. They don't respond to offers of arbitration and they serve my lawyer with an application to have the courts enforce the 50/50 part of our divorce agreement - in other words, to require me to go send Kid to stay with her father half-time. However, there's no indication of a court date or any time at which this will be resolved. Is it possible to file an application without setting a date at which it will be heard? I know it's possible to adjourn "sine die", but this isn't an adjournment. I'm not sure what to make of this move, as I've been able to stay out of court before this. Any thoughts?

(And before anyone jumps to conclusions - ex's addiction and mental health problems have been getting steadily worse, I've gone way out of my way to maintain Kid's relationship with him, but drunk driving is completely unacceptable to me. I also have no evidence that he has stopped or reduced his drinking, or that child protective services have concluded their investigation).
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