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Old 11-08-2017, 02:45 PM
Doctor Martins Doctor Martins is offline
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Default Tayken, please review Motion to Change..

Tayken,

I had filed a motion to change, that's supposed to be tomorrow. I had already filed the motion, the Applicant filed a response. Here is my reply. Or I should say the reply I was working on. The motion has been stayed till I get clarification on a judges order and then meet that order.

What started as a reply in terms of a Affidavit quickly changed as I started adding in case law, which I know you don't recommend. And then I added a table of contents etc. Its almost become a factum but isnt. Pretty much I would say its more become a document for me personally to use upon which i am building my case. Ive taken a lot of information from yourself and others in the forum. It even includes basically a parenting plan. In any case I would like your thoughts. For the purpose of simplicity lets call it my argument:

Table of Contents
A) INTRODUCTION
B) UNCOOPERATIVE PARTY
C) MATERIAL CHANGE
D) APPLICANT IMPOSED ACCESS REDUCTION
E) PROPOSED FURTHER REDUCTION BY APPLICANT
F) THE ACCESS/PARENTING AGREEMENT IS INSUFFICIENT
G) HIGH THRESHOLD TO DENY 50/50 PARENTING
H) MAXIMUM CONTACT PRICIPAL
I) JURISPRUDENCE IN SUPPORT OF PARALLEL PARENTING WITH EQUAL TIME SHARE
J) JURISPRUDENCE IN SUPPORT OF EQUAL TIME SHARING PARALLEL PARENTING TRANSITIONING TO SHARED PARENTING ARRANGEMENT
K) RELOCATING CLOSER TO APPLICANT
L) PROPOSED COMPROMISE
M) JURISPRUDENCE ON DETAILED PARALLEL PARENTING PLAN EVOLVING TO EQUAL TIME SHARE AND CUSTODY SHARE
N) PROPOSED DETAILED PARENTING PLAN IN HIGH CONFLICT SITUATION
O) ALTERNATIVE PARALLEL PARENTING PLAN FOR HIGH CONFLICT SITUATION
P) CHILDREN WHO LIVE WITH BOTH PARENTS REPORT SIGNIFICANTLY FEWER PSYCHOLOGICAL PROBLEMS THAN KIDS WHO LIVE WITH ONE PARENT










A) INTRODUCTION

The Applicant Mother has on many occasions argued that there is an imbalance of power. The true imbalance of power is our three and a half year old daughter _________ _________ who has no voice. It is not about fatherís rights, or momís rights. Itís about _________ís rights to have BOTH parents in her life. In truth neither fatherís nor motherís rights actually matter in the situation. _________ is deprived of rights when she is deprived of both parents equally. Fathers and Mothers are both key to the development of children.
The "tender years doctrine" is dead and no longer relevant in Canada.

Even on a first appearance equal parenting time has begun to be recognized. Reference: Coe v. Tope, 2014 ONSC 4002 https://www.canlii.org/en/on/onsc/do...4onsc4002.html

This is a well thought out decision by Honourable Mr. Justice Pazaratz that relied on 9 direct citations in CanLII.

B) UNCOOPERATIVE PARTY

2) Much like the saying ďthose who seek power are the ones who should least have itĒ, the Applicant Mother only seeks sole custody on her terms while rejecting all forms of mediation and compromise. From the beginning I have sought equal custody and shared parenting. Repeatedly I have written the following to the Applicant Mother (Exhibit ďAĒ) with absolutely no reply as well suggested parenting plans with no reply:

ďI suggest moving forward that:

a) we use ourfamilywizard.com or similar app (there are free ones such as "2 houses") for easier communication
b) exchange parenting plans
c) engage in a shared parenting 50/50 week-about arrangement (week on, week off)
d) that we come to agreement on holidays including summer holidays for both parties as well as how to split PA days and school trips.
e) work to come to a final agreement on the aboveĒ

3) I have had to fight for _________ís rights every step of the way in the face of parental alienation on Applicant Motherís part. She falsely claimed I had nothing to do with _________ her first year which is clearly not true as seen by this picture slideshow of _________ and I during her first year:____________ She used this false allegation as the basis to deny initial access. Since that time Iíve had to fight via motions for initial access, for overnights, for vaccines, which she also deceived this court stating that _________ had all of her vaccines when in fact she had not gotten the 18 month vaccines _________ should have received two years ago, and only after a motion on this did she get _________ her mandatory vaccines. I even had to fight to get _________ the flu shot and file a motion on this. I even had to fight to get a copy of _________ís health card after months of denial. When I booked an appointment with _________ís doctor the Applicant Mother asked me why I want to meet him.

C) MATERIAL CHANGE

4) Over the past year things have greatly improved in relations between Applicant Mother and myself and a new status quo has been established.* Because of the nature of my location and our respective schedules Applicant Mother and myself elected to have a schedule that would alternate weeks and be often Wed or Thursday from 11AM* to 6PM or 8PM Sunday.* Additionally Applicant Mother often works weekends with her job as a make-up artist.* As a result she would ask me if I would take our daughter _________ on her scheduled weekend, giving me additional weekends with our daughter.* I would happily agree and take every bit of time that I could, almost never turning down the opportunity.* At times I would have _________ for 3 or 4 extended weekends in a row (See Exhibit A), in many cases having _________ for longer than Applicant Mother.* I kept detailed records and calculated that over the past year I have had _________ for 46% of the time so we were doing de facto shared parenting.* In September it creeped up to 60% of the time that _________ was in my custody. The bond with my daughter has continued to deepen.** I have seen a big change in our daughter from when I first had overnight access to her to a year later.* She has opened up and grown into her own and there is no doubt that the shared parenting has resulted in a massive improvement in her disposition.

D) APPLICANT IMPOSED ACCESS REDUCTION

5) Since I served this motion, the Applicant Mother has cut back my time to the bare minimum of 4 days every two weeks. While prolifically asking me to help watch our daughter over the past year, now that I have filed this motion she hasnít apparently had to work once and need my help. She stated that she intends to cut back and have family watch my daughter instead of myself. The court ordered first right of refusal in this case to combat this but so far I have not been asked even though I know that the Applicant Mother works often out of town.

E) PROPOSED FURTHER REDUCTION BY APPLICANT

6) Rather than encouraging more time, the Applicant Mother is now suggesting that when _________ starts school that I be cut back from Thursday to Sunday every other weekend to Friday to Sunday every other weekend. She suggested in her reply to motion to change, that I can get make up time on the weekends in the summer. She proposes this because she works most of the weekends in the summer for which time I would already get as a
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