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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 09-08-2015, 06:08 PM
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previous 60/40 access, now in proceedings, as ex filed motion against me for less time with children (every 2nd weekend). children 12/10, both stating they actually would like more time w me, and always questioned why it wasnt more equal (for years)

i was just wondering about some general rules and practices regarding childrens wishes and how you can bring them about in court.

yes, i know its a last resort getting children involved in the process (and i never would), so, that leads the question, How do you introduce their evidence into court, without involving their attendance.

i do know about court appointed lawyers, but that seems so intrusive as well.
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Old 09-08-2015, 07:04 PM
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Office of the Children's Lawyer represents children in Ontario I believe.
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Old 09-08-2015, 07:25 PM
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The ex would have to establish a material change in order to change the schedule. In doing so, even though a material change may be valid it does NOT mean that the ex gets to choose the schedule. It opens the door for a complete schedule change, not just the way they want it to go.

In order to reduce your access they would have to show why that's in the best interest of the children. So you combat that by making a parenting plan around the schedule you want to see - hopefully 50-50, and build a case for the best interest of the children. You can simply add your documented events of the children expressing their wishes as part of your affidavit outlining why your proposed changes are in their best interests.
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Old 09-08-2015, 07:31 PM
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Quote:
Originally Posted by pc550 View Post
previous 60/40 access, now in proceedings, as ex filed motion against me for less time with children (every 2nd weekend). children 12/10, both stating they actually would like more time w me, and always questioned why it wasnt more equal (for years)

i was just wondering about some general rules and practices regarding childrens wishes and how you can bring them about in court.

yes, i know its a last resort getting children involved in the process (and i never would), so, that leads the question, How do you introduce their evidence into court, without involving their attendance.

i do know about court appointed lawyers, but that seems so intrusive as well.
Why is Mom seeking the change?

And are you looking to argue against your ex's proposed change (to every other weekend) or are you looking to increase your own time with the kids? If the former, the onus is on your ex to put forward an argument as to why the status quo no longer works. Unless there's been some major change (you've moved 400 km away or something) I think it would be difficult to argue that having less
access to a 60/40 parent is in the kids' best interest, so the wishes of the kids wouldn't even come up (unless they really strenuously want to spend all their time with Mom).
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Old 09-10-2015, 10:46 AM
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Quote:
Originally Posted by blinkandimgone View Post

You can simply add your documented events of the children expressing their wishes as part of your affidavit outlining why your proposed changes are in their best interests.

i can say that in an affidavit? that the children both want it more shared equally? that they have expressed that to me??

or is that breaking some form of evidence rule ?
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Old 09-10-2015, 10:51 AM
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the material change on mom's part, is a work schedule change.

the material change on my part is the fact kids are older now, expressing more time with dad.
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Old 09-10-2015, 10:51 AM
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still wondering how you get the kids expressed interest documented in court, without them present, or the OCL involved.

counsellor?
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Old 09-10-2015, 11:07 AM
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Offer to pay the mother same amount of money even if children spend more time with you?

Other than trying to negotiate something directly with the mother I think you are looking at filing a Notice of Motion.

You can say whatever you want in your affidavit but I would recommend that you be able to back everything up with facts. Why would you not want OCL to do an assessment? Would it not be good if OCL (who are reportedly supposed to represent children) were to corroborate your affidavit by stating the children have indicated they want to spend more time with their father?
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Old 09-10-2015, 11:13 AM
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Quote:
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the material change on mom's part, is a work schedule change.

the material change on my part is the fact kids are older now, expressing more time with dad.
None of these are considered "material change" when it comes to access to the child. The first would be considered a "material change" in the PARENT'S circumstances, not in the child's circumstances, the other doesn't cut the test for "material change" as it was very clear when the current order was released that the child was going to be older.
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