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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 07-23-2011, 06:00 PM
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Join Date: Mar 2011
Location: Ontario
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Tank2 is on a distinguished road
Default Agreed to the Settle but laywer didn't go by it.....

Hi there,

It's been a while since I posted. Was looking for a bit more help.

I was having custody issues a few months back and the ex ended up (after not speaking to me and hiding out for two years) handing our child over at the very first case conference.

We had a mediation agreement but she continued with a laywer and took me to court before our agreed upon three month trial was over. During this time I had children's aid and a bunch of other agencies involved to look into the abuse my daughter reported to me. Daughter was scared of CAS and all other people because mother use them as a scapegoat (saying I couldn't see her because of them, that if she didnt clean her room they would take her aways ect.)

Daughter ended up lieing to CAS and wouldn't talk about the abuse with them. I ended up having to give ex weekends because I couldn't proove it wasn't safe

First weekend there (before actual court order) They tried to prevent daughter from returning home with me. They live 2 hours away and she had school the next day. Police and CAS were called when ex finaly handed child over.

Her laywer and I kept trying to settle. (I"m self rep) Her and the lawyer wouldn't budge. I just bought my home a car and am the only one working but they would not agree to slpit cost like she had agreed in mediation. So I said fine I'm done fighting I have my daughter she i safe and living a great life I'll agree with them. We agreed to split holidays. Two weeks of each summer month spent with mom. Every other weekend with mom drop off at 8 pm friday pick up at 4 pm sunday and every other day phone calls with me paying for all travel.

I told them that I agree and signed paper work stating such. I also told them that I couldn't attend the upcoming court datre as work would not let me off and I had used all sick days up with court and my daughter being sick. No problem right?

I guess I was wrong. She went to court and I am guessing that she told them I wouldn't settle because she went with what they were originaly going for. Daughter lives with me joint custody, I pay travel, No holidays were ordered nor was summer vacation, but drop off and pick up changed todrop off at 5 pm and pick up at 4. I work until 4 o'clock and during school daughter will be there until 3:30pm. Ex lives two and a half hours away (not counting winter or traffic).

So now I have lost my job from having to leave every second friday early for drop off. It also states that I have to be the one to make drop off and pick up (even though I don't drive and it's my long term partner that does) and my daughters education will be hampered as every second wekend I have to pull her out early.

So my questionsd are:

Since I signed an agreement but the court order was made inspite of that do I still have to honnor the agreement?

If not should I send a letter to lawyer explaining since the agreement was not made into the court order I revoke my agreence and will follow only the court order?

How long before Status Quo is with me in my city...and how long before I can reopen the can of worms so to speak and bring the ex back to court in my city and try to re-do the court order?

Ex is also on welfare....Is there any website that explains if and how to go about getting child support from someone on Welfare? From what I have read people recvieving government assistance are not required to pay it but other have told me this is not true....


Thanks so much guys.
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