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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 06-24-2011, 12:26 AM
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Default Can I Use "Status Quo" and OCL Report at Motion

I have a motion tomorrow, my ex is bringing it for more access. Can I use status quo (we have been in our current court ordered access arrangement for 1 year and 8 months) to argue the drastic changes he is looking for? I am willing to agree to a change but mine are inline with the OCL recommendations and his vary quite a bit from them. Can I rely on the OCL recommendations at Motion? His lawyer made reference to it in the my ex's affidavit but only referenced as being part of the continuing record, I attached mine as an Exhibit so that it would be right at the judge's fingertips.

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Old 06-24-2011, 12:49 AM
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How much access does he have? How much access does he want? Why is more access not in the best interest of the children? What does the OCL report say? I imagine the judge won't veer to far from the OCL report at least that's what others on here keep saying.
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Old 06-24-2011, 02:27 PM
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I think Status Quo in itself is a weak argument ... it's kind of the no-name fallback argument for those not wanting to put any thought into the issue.

However, look at your particular circumstances to see if, there are SPECIFIC aspects where 'current situation' is better than 'proposed situation' - or where 'my proposal' is better than 'his proposal'.

Using the reasoning from the OCL report is a good starting point.

But if you are having a hard time with this, perhaps there is a reason why....
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