Ottawa Divorce .com Forums


User CP

New posts

Advertising

  Ottawa Divorce .com Forums > Main Category > Divorce & Family Law

Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

Reply
 
LinkBack Thread Tools
  #11 (permalink)  
Old 10-06-2015, 11:17 AM
blinkandimgone's Avatar
Moderator
 
Join Date: Feb 2010
Location: Lucknow
Posts: 5,175
blinkandimgone has a spectacular aura aboutblinkandimgone has a spectacular aura aboutblinkandimgone has a spectacular aura about
Default

Honestly, it sounds to me like this would be best handled in court with a judge. He can detail his offers of contribution and she can explain her reasonings for turning them down to the judge.

The judge will not be happy that she has refused all contributions from him for the sole purpose of seeking a higher contribution. she should have accepted his offers and should she have wanted more for some reason she could take him to court for the difference.
Reply With Quote
  #12 (permalink)  
Old 10-06-2015, 11:29 AM
arabian's Avatar
Senior Member
 
Join Date: Jan 2011
Location: Western Canada
Posts: 9,854
arabian will become famous soon enough
Default

Yes I would agree reasoning with the woman is futile and get to court. Ex sounds "drama queenish." Only way these sorts of people seem to learn is often by hefty costs awards.
Reply With Quote
  #13 (permalink)  
Old 10-06-2015, 11:53 AM
Member
 
Join Date: Apr 2015
Posts: 65
blendedinsanity is on a distinguished road
Default

I think he's learned that trying to reason with her is pointless and personally I think the only way anything is going to change is by court order so its "almost" a good thing that its going to court. But he's worried about their son because she's definitely been dragging him in to it.
Reply With Quote
  #14 (permalink)  
Old 10-06-2015, 12:04 PM
Senior Member
 
Join Date: Mar 2014
Posts: 2,901
rockscan will become famous soon enough
Default

His son will learn in the long run. Most kids in divorce are pretty astute. Plus, dragging him into it will just make her look worse.
Reply With Quote
  #15 (permalink)  
Old 10-06-2015, 12:56 PM
Senior Member
 
Join Date: May 2011
Location: Ontario
Posts: 3,035
Berner_Faith will become famous soon enough
Default

At 14 I am pretty sure the kid knows who is starting all this petty crap. Kids are not stupid. I am sure the kid would love an expensive new laptop, but the reality is, he would also accept a less expensive one. The Jean situation is a prime example... he picked out his own jeans but Mom complains because they are not her brand.

Go to court, your partner seems well prepared and reasonable.
Reply With Quote
  #16 (permalink)  
Old 10-07-2015, 05:10 PM
Senior Member
 
Join Date: Jul 2012
Posts: 1,679
OrleansLawyer is a jewel in the roughOrleansLawyer is a jewel in the roughOrleansLawyer is a jewel in the rough
Default

Quote:
she never even mentioned a material change in her application
A material change in circumstances is required on a motion to change. An original application is seeking a fresh Order. There is no situation from which there can be a change.

Quote:
Second - if he files that does this mean this his counter application for contact only through Our Family Wizard, no badmouthing, etc. gets dismissed as well?
No. Summary judgment can be with respect to all or part of a case. In this situation, he would seek summary judgment of her claim while leaving his claim to continue.

Citation: CanLII - Family Law Rules, O Reg 114/99

Quote:
She refused to provide the receipts and seems to think he's going after the child care issue to get her in trouble (which he's not) but don't you have to provide receipts to the court for any section 7 expenses you are claiming? The only thing she gave was the receipt for the school uniforms.
The onus is on the party claiming an expense to prove that the expense was incurred. Otherwise, how does he know money was paid? How does the court know it isn't a lie? Evidence.

Quote:
Is he obligated to contribute to all this when it is a family thing for them?
Blink's response addresses this well.
Reply With Quote
  #17 (permalink)  
Old 10-08-2015, 01:15 PM
Member
 
Join Date: Apr 2015
Posts: 65
blendedinsanity is on a distinguished road
Default

Quote:
Originally Posted by OrleansLawyer View Post
A material change in circumstances is required on a motion to change. An original application is seeking a fresh Order. There is no situation from which there can be a change.
Sorry I used the wrong wording when I said application. It was a Motion to Change and there is not one single instance in it where she mentions a material change. She talks about needing sole custody because communication is bad, because he refused to sign the dual citizenship papers and because he was interfering in her school choices (he questioned how and why his son was enrolled in Catholic school without his knowledge). My partner pointed out in his reply that she does not mention or provide evidence of a material change. She emailed him and said the change was that dealing with him was affecting her health. Then in the case conference brief she said the change was me that I'm not fit to be around kids. She has now filed an amended case conference brief which I'm going to start a new thread for with new claims. She can't seem to decide what the material change is.
Reply With Quote
Reply


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On
Trackbacks are On
Pingbacks are On
Refbacks are On


Similar Threads
Thread Thread Starter Forum Replies Last Post
More Motion to Change Questions blendedinsanity Divorce & Family Law 0 07-06-2015 12:08 AM
OCL bringing motion forward to move proceedings to Toronto - Questions plainNamedDad44 Divorce & Family Law 4 06-09-2014 09:43 AM
Motion to Change questions HappyMomma Divorce & Family Law 7 10-03-2013 02:06 PM
Going to a Motion - Have Questions Teddie Divorce & Family Law 9 08-12-2011 05:12 PM
Appropriate Procedure gooddadgoingmad Divorce & Family Law 4 02-19-2006 02:44 PM


All times are GMT -4. The time now is 10:41 PM.