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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 05-02-2017, 03:31 PM
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Default Custody Mystery...

A mystery, I will provide some snippets, you have to guess the rest!

For reference, here is the case, but don't look yet.

https://www.canlii.org/en/on/onsc/do...7onsc2726.html

Quote:
Conclusions
[24] I accept the recommendations of the OCL and place the two children in the sole care of [respondent],
Fairly straightforward beginning.

Quote:
[31] Following an initial period of 12 weeks, and following the initiation of work with Open Doors, access to begin Wednesday after school and end Saturday at 4:00 p.m.
An unusual access schedule, splits the weekend.

Quote:
[27] [Respondent] asks this Court to deviate from the OCL recommendation on access and allow [respondent] a weekend with the children. I have considered the request, but accept the recommendations of the OCL.
So, the question dear readers is as follows: Why did the Judge not grant the entire weekend to the respondent? Any guesses?
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Old 05-02-2017, 03:34 PM
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That said, case does have a paragraph that I like that I would hope would be in future court orders:

Quote:
[25] Consultation with [applicant] shall be meaningful and done in advance of any decision affecting either child. [applicant] shall be given an opportunity to present... input in a reasonable time before the decision in made.
The word meaningful might matter. Maybe? I like it though
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Old 05-02-2017, 08:45 PM
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Quote:
Originally Posted by Janus View Post
A mystery, I will provide some snippets, you have to guess the rest!

For reference, here is the case, but don't look yet.

https://www.canlii.org/en/on/onsc/do...7onsc2726.html

Fairly straightforward beginning.

An unusual access schedule, splits the weekend.

So, the question dear readers is as follows: Why did the Judge not grant the entire weekend to the respondent? Any guesses?
Hmmm, work schedules? Only one parent is religious? A kid's activity?

I tried to see the answer in your caselaw, and I can't find it! Now I'm curious! Do you know more about the case?

I have a split weekend schedule with my ex because of our work schedules. It works mostly fine for us.
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Old 05-02-2017, 08:55 PM
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Quote:
Originally Posted by Janus View Post
That said, case does have a paragraph that I like that I would hope would be in future court orders:

The word meaningful might matter. Maybe? I like it though
I personally think this is way too vague... as is the rest of the order.
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Old 05-02-2017, 09:01 PM
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I don't see it. Why did the OCL recommend that schedule in the first place?
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Old 05-03-2017, 12:42 AM
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split weekends? wtf.. it's either something with the parent's schedule or some activity that the child has on the weekend that must be accompanied by only one of the parents ?


not a big fan of that consultation clause - if the communication is so good that they MUST have a meaningful consultation... why don't they just give them joint custody with one parent having final say then instead of "sole" custody ? makes no sense.
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