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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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  #1 (permalink)  
Old 07-06-2016, 02:03 PM
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Default Motion for Change

How long after you settle do you have to wait to file a motion for change?

Prior to my last SC, I did not have sufficient proof to proceed to trail. Trial was 2 weeks away.

At the last SC I requested the judge order to release the CAS file.
At this Settlement conference the judge said she wouldn't adjourn trial if I didn't receive the documents in time.

Since then we have received a final court order.

After reviewing the CAS file I have sufficient proof the Ex was lying on several counts.
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Old 07-06-2016, 04:12 PM
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Originally Posted by otttawa_dad View Post
How long after you settle do you have to wait to file a motion for change?
If your settlement is marked final... You have a long long long time to wait. You consented to the agreement. You can't go back on your agreement. I doubt there was much in the CAS file that would change anything.

Good Luck!
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Old 07-07-2016, 09:14 AM
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According to the SC conference Judge I had to wait 6 months.

I would have to prove a material change.

My Lawyer also confirmed this.

Several things are happening in my life

My youngest Son is now spending overnights.

I will soon be moving in with my GF and 2 Daughers.

As far as I'm concerned these are Material Changes.

I haven't signed the Final Order yet... This is why i'm asking these questions now.

Could I go back to the court and request another SC or even a Trial?


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If your settlement is marked final... You have a long long long time to wait
Good Luck!
Tayken
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Old 07-07-2016, 01:02 PM
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As far as I'm concerned these are Material Changes.
Then proceed with whatever you want. Not sure why you asked for anyone's opinion. Just warning you that the court doesn't care what is "material" to you... It cares what is material to the court.

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Could I go back to the court and request another SC or even a Trial?
You can schedule another SC. The only way to get to trial is for a judge to put you on the trial list.

Good Luck!
Tayken
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Old 07-25-2016, 12:11 AM
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Did you sign a final minutes of settlement?
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Old 07-25-2016, 10:07 AM
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I just spoke to FLIC and a few lawyers regarding this. They all said the same thing. 6-7 months seems to be an accepted period, but it's situation-dependent and you have to have a very good reason (MCC).
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Old 10-11-2016, 12:41 AM
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Hi,

I'm back... things with both boys have been great. Wish I could say about the EX.

My oldest C5 has been saying over and over he wants to stay with me. She keeps denying him access.

The OCL report was done when my youngest was 8months old.

He's almost 3.

I'm considering filing for a Motion for Change to review access.

My oldest C5 is having troubles at school. He requests over and over to stay with me, my youngest c2-going on 3 does also.

As per my previous post. I have evidence that my Ex lied to the CAS and OCL.

I would like a new OCL report. Would a motion for change be the right route to do this?


Is a motion for change the right approach to review access?




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Originally Posted by LovingFather32 View Post
I just spoke to FLIC and a few lawyers regarding this. They all said the same thing. 6-7 months seems to be an accepted period, but it's situation-dependent and you have to have a very good reason (MCC).
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Old 10-11-2016, 07:39 AM
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Quote:
Originally Posted by otttawa_dad View Post
Hi,

I'm back... things with both boys have been great. Wish I could say about the EX.

My oldest C5 has been saying over and over he wants to stay with me. She keeps denying him access.

The OCL report was done when my youngest was 8months old.

He's almost 3.

I'm considering filing for a Motion for Change to review access.

My oldest C5 is having troubles at school. He requests over and over to stay with me, my youngest c2-going on 3 does also.

As per my previous post. I have evidence that my Ex lied to the CAS and OCL.

I would like a new OCL report. Would a motion for change be the right route to do this?


Is a motion for change the right approach to review access?


As per my current motion to change, my request for OCL was denied. A material change in circumstances needs to be proven before OCL gets involved.


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Old 10-11-2016, 10:26 AM
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I'm actually going to move in with my new partner and her two kids A6-A9 whom she shares 50/50.

I think this alone would constitute as a material change in circumstance.

Also the fact my oldest is having problems at school, the teacher actually referenced a "lack" of routine as possibily being a source of the issue.

The OP works shifts and during the shifts the A2 and A5 are with their maternal grandparents, as opposed to being with me.
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Old 10-11-2016, 10:34 AM
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I should also mention that upon putting my house for sale, the OP sent me an email asking where I was moving to.

Once I informed her of my future residence, she informed me that we would need to review transportation agreement.

I think this proves that the OP acknowledges there's a change.

Once my house is sold and we address the transportation issues, I will inform the OP i'd like to review access. If she denies this, this is when I intend on file for a MfC.
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