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-   -   Motion for change (http://www.ottawadivorce.com/forum/f3/motion-change-20693/)

otttawa_dad 01-17-2017 08:57 PM

Motion for change
 
Well it's official, I submitted my motion for change in access. 1st apperence on Feb 1st. I'll also be asking to go directly to a SC on that Day.

I'm in the process of completing my brief, I'm looking for case law on a parent who claims to be the primary caregiver, however their work schedule doesn't allow for this.

Ie; they work shifts and during these can't' care for the children.

Also the OP has now hired a nanny for the nights she can't be with the children.

It's in my opinion that it's in the children's best interests to be care for by me (father) rather, than a stranger.

trinton 01-17-2017 11:09 PM

Quote:

Originally Posted by otttawa_dad (Post 216634)
It's in my opinion that it's in the children's best interests to be care for by me (father) rather, than a stranger.

welcome aboard. we're on the same ship. 2 years and I'm still going at it.

What is your current schedule like?

otttawa_dad 01-18-2017 07:50 PM

I currently have A5 and A2.5

Week 1.
Monday 4:00 - 7:30
Wednesday 4:00 - 7:30

Week 2
Monday 4:00 - 7:30
Wednesday 4:00 - 7:30
Friday - Saturday Sunday until 7:00

My proposed schedule rotates around her work shift in order to limit the amount of time the children are with 3rd parties.

Also referenced these following cases in my case brief.

Similar to the OCL’s recommendations in Izyuk v. Bilousov, 2011 ONSC*6451 (see Tab B at paras. 483-487), the OCL focused on the “status quo” without addressing the unacceptable manner in which it was created.
The OCL failed to consider the Respondent’s strengths, the Applicant’s weaknesses and the quality of the children’s relationship with each parent.


Schmidt v. Haley, 2004 CarswellOnt 1149, a copy of which is attached at Tab J, Justice Matheson said:
I believe that it is in the best interests of the child, whatever the age, that the child has as much access as possible to each parent, as long as there is a fixed routine.* I accept the comments made by Joan B. Kelly and Michael E. Lamb in their article “Using Child Development Research to Make Appropriate Custody and Access Decisions for Young Children”.* This is found in Family and Conciliation Courts Review, Vol. 38 No. 3, July 2000 297-311 at page 300:

“The empirical literature also shows that infants and toddlers need regular interaction with both of their parents to foster and maintain their attachments.* Extended separations from either parent are undesirable because they unduly stress developing attachment relationships.* In addition, it is necessary for the interactions with both parents to occur in a variety of contexts (feeding, playing, diapering, soothing, putting to bed, etc.) to ensure that the relationships are consolidated and strengthened.”

trinton 01-18-2017 10:40 PM

and at what times are the children with a nanny?

otttawa_dad 01-19-2017 09:59 PM

So I made a HUGE Mistake :(

I completed all the F17C when I should have in fact completed the F17A.

Luckily not all my work is lost :)

Here's my questions... I'm headed to a "Case Conference"

I'll convert over all my info to the appropriate form 17A.

Now according to the The Law Society of Upper Canada here's the process

1 - Review Rule 17 of the Family Law Rules
CHECK

2 - Set the date for the case conference
CHECK

3- Prepare the documents for the case conference
  • Case Conference brief (Form 17A)(three copies)
CHECK
  • Include the most up to date Financial Statement (Form 13 or 13.1) or Affidavit (Form 14A)
DO I NEED THIS? Last time my lawyer filed the CC, there was no Financial
  • StatementAffidavit of Service (Form 6B)
CHECK

4 - Serve and file the forms
Once I figure out if i need the financial....

5- File a Confirmation form
Will do on the day I file the Form 17A & Form 6B and maybe the Form 13 or 13.1
6- Attend at the case conference

:) CAN'T WAIT :)

otttawa_dad 01-19-2017 10:00 PM

Please note that my motion to change doesn't involve Child Support simply access, based on this; I don't think I need to complete the Financial Statement (Form 13 or 13.1)

trinton 01-19-2017 10:03 PM

Quote:

Originally Posted by otttawa_dad (Post 216712)
Please note that my motion to change doesn't involve Child Support simply access, based on this; I don't think I need to complete the Financial Statement (Form 13 or 13.1)

It's not bad practice to give a financial statement. You've got nothing to hide.

I would take 3 copies with you just in case. Attach a recent paystub to them.

Approach the lawyer when you see her in court and mention you weren't sure it was needed but you're giving her a copy just in case.

Be prepared to tell the judge what you want.

Sent from my SM-G935F using Tapatalk

otttawa_dad 01-20-2017 05:19 PM

I was at the courthouse today to make sure i have all the angles covered for next week.

Turns out I don't have to file the Form 17 Conference Notice - Ontario Court Services, as i'll be requesting the Case conference on the 1st appearance.

Also I don't have to complete form 13 financial statement as i'm not requesting a motion to change child support.

I'll have it ready in the event it's requested at the Case Conference.

I'll keep this thread up to date, Febuary 1st couldn't come quick enough :)

lulubuttons 01-25-2017 10:58 AM

Good luck!

My husband started a motion over 2 years ago. Still going strong. Trial set for June. Going to full trial over asking to start access on Friday evening rather than Saturday afternoon (a very temporary thing written into SA with clear terms of when it was to be changed).

otttawa_dad 01-25-2017 10:41 PM

Time for a quick update.

This week I filled my case conference brief (form 17a), affidavit of service (form 6b) and confirmed my attendance (form 14c).

I received an email from the OP lawyer, she was speaking with the trial coordinator to set a date for a combine CC/SC. The proposed dates were far down the road...I think this was a stall tactic.

I informed the OP lawyer that I would be requesting to have the matter heard in a CC after the 1st appearance.

Couple of quick questions:

- can i use my laptop to take notes?
- if I have more documentation and information I could use and isn't in my CC should I bring it?
- should I refer to the OP as the applicant when speaking? Is it wrong to use her name?
- when referring to the children, should I use their names or the children?

I intend on taking a quasi "speech" with me to stay on track.

Any input/suggestions would be appreciated.

Officially 1 week away :)


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