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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 12-16-2016, 07:16 AM
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Default Cross applications conflicting in nature of claims

does anyone know how does it interfere with each other. I am in court as respondent now, father brought application to change recent final order and wants expansion of access and reduction of child support. He also did interim motion for involvement of OCL. We argued the motion as I did not want OCL involved but this week judge told us she did not decide yet. When she tells her decision, 3 weeks or 3 months from now - unknown.

1. if i bring mobility case to court as applicant. can this info be transferred to that judge somehow to affect her decision in ocl?
2. how applicants application on expansion of access interfere with my mobility case where i want to reshuffle the access completely. When deciding on his would judge take my application into account? It can't be fused in one case /i assume as in one i am respondent and in the other applicant, or it can?
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Old 12-16-2016, 09:02 AM
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Originally Posted by Tatyana K View Post
does anyone know how does it interfere with each other. I am in court as respondent now, father brought application to change recent final order and wants expansion of access and reduction of child support. He also did interim motion for involvement of OCL. We argued the motion as I did not want OCL involved but this week judge told us she did not decide yet. When she tells her decision, 3 weeks or 3 months from now - unknown.
So, you are the respondent in this Application I take it? There will only be one Application in your matters and you are now the respondent. You will be the respondent from now on unless the Application the father brought is dismissed. But, considering the 3 weeks to 3 months the judge is going to take to ponder the OCL involvement this Application is going to stick.

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1. if i bring mobility case to court as applicant. can this info be transferred to that judge somehow to affect her decision in ocl?
If you have not brought forward in your response your request to move the child you are going to have to seek leave to amend your Response to this Application. The court will bundle all issues under the Application the father brought. If you have not already brought forward your request for mobility then you are going to possibly look really crazy to a judge and it is going to be seen as strategic vs genuine.

It will look last-minute and simply as a strategic response to the father's Application for expanded access.

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2. how applicants application on expansion of access interfere with my mobility case where i want to reshuffle the access completely.
Actually, it will possibly be you who is seen as interfering. If you have not included the mobility matter in your response to the original Application you will possibly look crazy and like it it is a strategic move. This is not the typical pattern you would see in a mobility case at all.

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When deciding on his would judge take my application into account? It can't be fused in one case /i assume as in one i am respondent and in the other applicant, or it can?
You would need to amend your Response to the original application and include your request for mobility in it. You will need consent to do this from the other party. They will absolutely not consent and you will have to go on motion to prove that it is genuine and not strategic. They will try to block your mobility matter through every means possible.

It has to be "fused" into one case/Application. You can't have two Applications before the court. They will blend all the matters into one trial. They can't have conflict between justices. Think about it...

If you have not already raised the issue of mobility in your reply you are possibly going to look silly.

Good Luck!
Tayken
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Old 12-16-2016, 01:17 PM
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Correct me if I'm wrong however it was my understanding that once the Applicant, always the applicant. Should the respondant file a motion they are the 'moving party', however they remain the respondent.

No?
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Old 12-16-2016, 01:28 PM
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Correct me if I'm wrong however it was my understanding that once the Applicant, always the applicant. Should the respondant file a motion they are the 'moving party', however they remain the respondent.

No?
that is what I thought also. Now I am confused.
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Old 12-16-2016, 01:42 PM
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Correct me if I'm wrong however it was my understanding that once the Applicant, always the applicant. Should the respondant file a motion they are the 'moving party', however they remain the respondent.

No?
Nope. If they settled the matter as FINAL and the other party (the father) brings a new Application he is the applicant in the matter. Even if he was the respondent in the previous Application. That Application is now closed and a new one needs to be brought for any new issues.

She is asking about her Application and not a motion. Any party to an Application can bring a motion. But, if her Reply to the Application doesn't include the mobility issue she first needs to update her response and then bring the motion.
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Old 12-16-2016, 01:42 PM
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Thanks for your comments. It would be unfortunate if judge would think it is my reaction to his claim, at the same time I think it might be ridiculous for a judge to objectively think so.I was in long –term long distance relationship, father of my child knew it, this is probably the reason he brought application to change final agreement 9 months after signing it to cut child support and expand access which would mean to complicate my mobility case and exhaust me financially. He started his claim in August.With my relationship, it is easy to prove why timing is such as it is and has nothing to do with his claim. My fiancé had tenure vote in November (we have proof) and proposed to me literally next day after he got to know his job is permanent and vote went well. It is logical, it would be ridiculous to try to take responsibility for a woman with child if you can lose your job any time, hard to go through immigration, etc.fficeffice" />>>
Now in December, he and his parents bought a big house in his city, they were busy with purchasing a house that is next to good school for my kid.
So, plan is ready and there is stability in that new place, now we want to start mobility case. Waiting until this claims is over can take a year. I think I have a good chance to prove to a judge that my timing with mobility and that claim are pure coincidence as my actions are supported by certain facts that are hard to dispute.
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Old 12-16-2016, 01:43 PM
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I am confused , in one case I am applicant and in the other respondent. how they can fuse
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Old 12-16-2016, 01:44 PM
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that is what I thought also. Now I am confused.
Once a file is closed and marked FINAL you need to bring a new Application. The father in this matter has brought a new Application. Making her the Respondent in that motion. Unless the original Application is still open and matters were not settled or ordered as FINAL.

The father's matter in this would be a new Application with a claim to a material change in circumstance. Her Reply would be yes, there is a material change because I am moving. If she did not put that into the Response to the application it was a stupid move.
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Old 12-16-2016, 01:55 PM
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Thanks for your comments. It would be unfortunate if judge would think it is my reaction to his claim, at the same time I think it might be ridiculous for a judge to objectively think so.
Well, if you didn't include it in your Response you have a splaining to do.



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Originally Posted by Tatyana K View Post
I was in long –term long distance relationship, father of my child knew it, this is probably the reason he brought application to change final agreement 9 months after signing it to cut child support and expand access which would mean to complicate my mobility case and exhaust me financially. He started his claim in August.
It was wise of him to bring an Application before you could bring your Application for Mobility. Unfortunately, trying to move a child after 9 months of an agreement looks WORSE. If your relationship was truly long-term then you would have contemplated the mobility 9 months ago.

I don't buy your story nor will a judge. This didn't suddenly spring itself on you. As well, not living together generally doesn't constitute a "long-term" relationship. Doubtful a judge will find there is a meaningful relationship between you and your new partner. Especially when he lives on the other side of the boarder. YOU HAVE NEVER RESIDED TOGETHER ON A PERMANENT BASIS.

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With my relationship, it is easy to prove why timing is such as it is and has nothing to do with his claim. My fiancé had tenure vote in November (we have proof) and proposed to me literally next day after he got to know his job is permanent and vote went well. It is logical, it would be ridiculous to try to take responsibility for a woman with child if you can lose your job any time, hard to go through immigration, etc.
Again, no one will care. You have never lived with this person. This person has never resided with the child and has no real relationship. Again, your engagement means squat. It is the CHILDS BEST INTERESTS and a judge could say: Sure go move... Child stays here. You signed this agreement 9 months ago knowing this would happen.

Also, if the engagement was premised on the fact that he would get a job... Is a divorce already premised on him losing this job? Jobs are not forever... He could do something easily to get fired from his position. Like fraternise with a student.

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Now in December, he and his parents bought a big house in his city, they were busy with purchasing a house that is next to good school for my kid.
Who is he in this? The actual father or your psuedo boyfriend whom you have an internet romance with? Your new partner doesn't factor into the matter. He is going to have to testify and boy is that going to be an easy job for the opposing lawyer. He will basically tear him apart and demonstrate he isn't involved and doesn't have much of a relationship with you more than a fleeting one.

Judge won't risk a child's best interests for a "new" relationship that has no long term background other than internet romance and weekend visits. You have NO EVIDENCE of stability.

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So, plan is ready and there is stability in that new place, now we want to start mobility case.
In your eyes there is. But, in a judges there won't be any stability. Just promises of "love" which they don't bank on.

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Waiting until this claims is over can take a year. I think I have a good chance to prove to a judge that my timing with mobility and that claim are pure coincidence as my actions are supported by certain facts that are hard to dispute.
I think your options are limited and your outcome bleak. You want to make the matter 9 months after a final agreement is settled and make it a mobility issue. You haven't even brought this up in your Reply to the Application.

I feel bad for this child. Both parents are dummies.

Good Luck!
Tayken
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Old 12-16-2016, 01:56 PM
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so you say I can't bring application because I am the respondent now. This is weird.
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