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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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  #21 (permalink)  
Old 01-28-2017, 02:31 PM
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Quote:
Originally Posted by LovingFather32 View Post
It honestly sounds like you've done your homework. Arabian and Trinton have given you some good stuff also.

I hope your CC brief was...."brief".

Mr Toronto once told me to pretend my pen would run out of ink after a few sentences, so make them count and rarely should each point be more then 2 sentences.

Depending on how the judges morning commute went and how their coffee tastes, they'll be looking for the party slinging the most garbage to pounce on. Keep garbage out. Only relevant stuff with documents to back it up.

EVERYTHING has to be how the children will benefit.

1. Kid "WANTS" to be with you more. Not sure how you can prove it but thats huge!

2. Need judicial intervention. OP is inflexible on access, etc.

3. REASONABLE: "I will always promote and respect the mothers role ion the children's life"...our children deserve and "WANT" an equal relationship with both of us.

4. MAXIMUM CONTACT: Hammer this down the courts throat. Use caselaw .. there's a ton of it.

5. ORGANIZATION:

Have a copy of your brief, including exhibits and a few examples of caselaw with you.

- Highlight points you want to focus on and be sure you know how to direct the judges eyes to it FAST: i.e - Your honor, on Page 12, para 4, exhibit 2, there's another e-mail denying my child access to me...etc.

PARENTING PLAN:

Go in there with a solid ass parenting plan. Every angle must be covered (pick ups, drop offs, etc). Make it iron clad.

I forget if there are accusations of abuse, drugs, etc. But bringing in a hair follicle test, etc and/or a clean police record would be attractive to a judge.

__________________________________________________ _______________[

Remember,

Your sole objective in the CC is to get an endorsement in your favor. Endorsements are paper trials that future judges rely on heavily for subsequent judgements. Judges usually put little invisible messages and nuances for their buddy judges to read. GET THAT ENDORSEMENT. If you get one in your favor, consider it analogous to winning a motion.
Get the endorsement by speaking in a low, non-aggressive tone, remaining reasonable and resolution-focused, organized and sticking to the best interests of the child. Some of the things you hear will make your blood boil....don't feed in to it. She will make this about "YOU". You will make it about how it will be good for KIDS. The second the judge sees both parents are mud slingers, you're both screwed. Be the bigger person.

Great advice from someone who went through this not too long ago.
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  #22 (permalink)  
Old 01-28-2017, 02:36 PM
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Quote:
Originally Posted by LovingFather32 View Post
It honestly sounds like you've done your homework. Arabian and Trinton have given you some good stuff also.

I hope your CC brief was...."brief".
LF32 i'm really happy you chimmed in here... I value your opinion and experience in these matters.

My brief is "BRIEF", however i've inlcuded several TABs in order to further clarifying my points. I have a total of 29 items enumerated in my brief. I have a total on 10 Tabs within it.

These tabs include:
  • Calendar explaning the current access & how it's not in the best interest of the children
  • Calendar with the proposed access schedule and how it's in the best interest of the children
  • CASE LAW Izyuk v Bilousov 2011 ONSC 7476: - Schmidt v. Haley, 2004 CanLII 34344 (ON S.C.)
  • Email of the applicant not notifying me where the children are when there's a change in the pickup locaitons
  • Email of the application refusing to modify the access unless its in her favor
  • Email of the respondant (me) trying to amically resolve the issue
  • pictures of the respondant (me) doing activities with the children ; camping; fishing; .....
  • Incident reports of A5 issues at school
  • copy of a diploma of a communication class order during the last SC

Would it be usefull to post it here? I know it's kind of late as i've already filed it.

Quote:
Originally Posted by LovingFather32 View Post
2. Need judicial intervention. OP is inflexible on access, etc.
3. REASONABLE: "I will always promote and respect the mothers role ion the children's life"...our children deserve and "WANT" an equal relationship with both of us.
4. MAXIMUM CONTACT: Hammer this down the courts throat. Use caselaw .. there's a ton of it.
5. ORGANIZATION:
MAXIMUM CONTACT
Can you maybe point me to a few caselaw that you know of where this was applied?

Need judicial intervention:
I think this should be obvious to the judge as I filed a motion. MY CC brief demonstrates how i've tried to resolve this issue amicably. The OP said she would get back to me within 2-3 days... however never did.. I had to file a this motion to seek resolution.

ORGANIZATION:
I have this covered for sure... I have my CC brief and the document above to make sure I stay on track

Quote:
Originally Posted by LovingFather32 View Post
I forget if there are accusations of abuse, drugs, etc. But bringing in a hair follicle test, etc and/or a clean police record would be attractive to a judge.
This has already been discussed at lenght by the OCL and the previous CC, SC.... They haven't addressed these issue in the motion and I don't intend on addressing them either.


Quote:
Originally Posted by LovingFather32 View Post
Your sole objective in the CC is to get an endorsement in your favor. Endorsements are paper trials that future judges rely on heavily for subsequent judgements. Judges usually put little invisible messages and nuances for their buddy judges to read. GET THAT ENDORSEMENT. If you get one in your favor, consider it analogous to winning a motion.
Get the endorsement by speaking in a low, non-aggressive tone, remaining reasonable and resolution-focused, organized and sticking to the best interests of the child. Some of the things you hear will make your blood boil....don't feed in to it. She will make this about "YOU". You will make it about how it will be good for KIDS. The second the judge sees both parents are mud slingers, you're both screwed. Be the bigger person.
Do I request this at the begining or at the end?
What is the likelyhood the judge would order anything during the CC?


Quote:
Originally Posted by LovingFather32 View Post
She will make this about "YOU".
Did you read their response? LOL. This is totaly the case. They even drag my GF into the response. More false allegations; not changing diapers and sending the children back dirty.

Re: dirty she has send A5 to school with a nasty A$$ lunchbox....to the point where the teacher send an e-mail.. I had initially intended on using it to deffent this item, however this would not be kid focussed.
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  #23 (permalink)  
Old 01-29-2017, 11:41 AM
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Good morning Again

So I've done more homework and found the following cases where the theory/princicle of the Maximum contact prevailed. LF32 most of my searches point back to your posts

Thank god for the internet, I pitty parents self-representing years ago!!!

Maximum contact Case Law
  • Benko v Torok, 2013 ONCJ
  • Cavannah v. Johne 2008 Ont. S.C.J. “Maximum Contact Rule Prevails”
  • Young v Young [1993] 4 SCR 3

SUB-NOTE -> I've found the link to the Divorce Act and have linked to it for others

Here's the section in the Divorce Act that describes this principle/theory
Section 16(10) of the Divorce Act which states:

Maximum Contact
In making an order under this section, the court shall give effect to the principle that a child of the marriage should have as much contact with each spouse as is consistent with the best interests of the child and, for that purpose, shall take into consideration the willingness of the person for whom custody is sought to facilitate such contact.

ENDORSEMENT:

The MINUTES OF SETTLEMENT then become a JUDGE'S ENDORSEMENT. An endorsement is what the Judge writes down as his/her ORDER.

The JUDGE'S ENDORSEMENT, is then written up into a DRAFT COURT ORDER. If the parties have lawyers, this is done by one of the lawyers. The other lawyer, then must approve the DRAFT COURT ORDER as to it's form (the way its drafted - who was there, indicating whether this is a temporary or final order) and content (what it the Court Order actually says, who will do what, when they will do it, etc.).

Once approved by the other lawyer, the DRAFT COURT ORDER then goes back to the Family Court, where it is compared either by the Judge, or a Clerk of the Court against the ENDORSEMENT.

If the DRAFT COURT ORDER and ENDORSEMENT match, and the form is technically correct, the ORDER is APPROVED and then is ISSUED under a COURT SEAL.

The COURT ORDER is now ENFORCEABLE, within the limits proscribed by law.


If I understand this correctly; if the judge agrees this process should be invoked automatically.

Therefore I shouldn't have to request it?
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  #24 (permalink)  
Old 02-02-2017, 06:05 PM
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Time for an update.

Went to the Mini CC yesterday. The master didn't like my brief... LF you were right.

I did however manage to get a few thing consented on:

- 3rd party caregiver schedule
- ability to make requests to 3rd party caregiver

Part of me wishes I would have asked for a reassessment from the OCL.

The OP lawyer is drafting the minutes...

What are your thoughts on this? I know there's no way to go back in time...

FULL CC on may 26
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  #25 (permalink)  
Old 02-02-2017, 06:38 PM
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I am curious. We have many people post on here seeking help with their briefs. You say the master/judge didn't like your brief. Could you elaborate on that?
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  #26 (permalink)  
Old 02-02-2017, 09:18 PM
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Quote:
Originally Posted by arabian View Post
I am curious. We have many people post on here seeking help with their briefs. You say the master/judge didn't like your brief. Could you elaborate on that?


She said it wasn't brief enough for a "mini-conference"

Said mini biefs should be 4 pages or less

Said it actually looked more like A CC brief.



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  #27 (permalink)  
Old 02-05-2017, 03:03 PM
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Im going to be working on my next brief.

I would appreciate feedback.

Do people normally post them online for review?


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  #28 (permalink)  
Old 02-06-2017, 10:40 PM
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Anybody?


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  #29 (permalink)  
Old 04-10-2017, 03:13 PM
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It's time for an update.

Since filing for my Motion to change "Access" the OP has tried to invalidate the material change but no longer hiring the 3rd party caregiver and reverting back to her parents caring for the children.

The problem is that this is not a long term solution, the long term solution would be to have me care for the children as opposed to anybody else;
ie: her parents or the nanny.

Also, since filing for the Motion to change I have been forced for financial reasons to sell my property and move with my GF. I was on the vierge of going bankrupt.

The OP lawyer has request I complete form 35.1. Do I have to comply to this request?
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  #30 (permalink)  
Old 04-10-2017, 03:24 PM
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The short answer is yes you do. A new Financial Statement has to be filed whenever there is a change in financial circumstances .. or there is a court date coming up where finances will be discussed.

But this won't be such a bad thing for you. You will be able to Illustrate what her thirst for court has been doing to you financially.

Regarding her parents looking after the kids....the parent should have first dibs on this. (So you should be able to see your kids before her parents)

She has denied you any increases in access and I believe a judge told her that a Material Change in Circumstance would be if her parents grew ill and she had to find a sitter. I believe they did fall ill and your ex actually was on a search for a nanny. Now she's forcing her ill parents to care for the child again.... Not to fair for her ill parents just for a court tactic ... but what are you going to do.

YOU'RE still the parent....you come before grandparents ... period.
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