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Dad1985 08-13-2017 08:10 PM

Next Steps - Trial
 
Hello everyone

I posted a couple months ago regarding my OCL report. The report favored the mother and recommended sole custody to the mother. for me, 4 hours a week with increases after 6 month periods. The times are to be arranged by a parenting coordinator.

I had my settlement case with Judge Rogers at the Kitchener court house. She endorsed my ex completely and followed with what the OCL recommended. Our settlement offer was more on the aggressive side and could be changed to reflect the OCL report more. unfortunately, The OCL report is vague and the otherside has played on that fact.

My daughter is now 2 years old. My concern now is that i dont feel like i could win in a trial at this point as i have had much against me. I am curious as to what can be recommended as the next step. I would still like to work for shared parenting/equal access time for the future.

Can certain aspects be put on hold till my daughter is a bit older? ie. custody and access

will i be expected to follow through with a final order?

Can i revisit custody when daughter is 5 without prejudice?

Will the OCL report be outdated after a certain period of time?


Thanks

trinton 08-14-2017 03:53 PM

You'll have a different judge for your trial. If joint-custody can't work then look into parallel parenting as an alternative, as opposed to stolen custody.

Dad1985 08-14-2017 04:05 PM

I can't help but think that all this money spent could we going toward my daughter.

The courts have not been generous in my fight so far.
The OCL heavily favors Mom with vague recommendations of increases every 6 months.

I don't want to put myself in the position to sign off on soke to mother. I would like to be able to revisit this after some parenting time has been established.

Is there any way to avoid trial and revisit this once time has been established? Once OCL is dated?

Berner_Faith 08-14-2017 06:24 PM

Quote:

Originally Posted by Dad1985 (Post 222820)
I can't help but think that all this money spent could we going toward my daughter.



The courts have not been generous in my fight so far.

The OCL heavily favors Mom with vague recommendations of increases every 6 months.



I don't want to put myself in the position to sign off on soke to mother. I would like to be able to revisit this after some parenting time has been established.



Is there any way to avoid trial and revisit this once time has been established? Once OCL is dated?



Others may be more knowledgeable but I would say no... even trying to wait it out establishes status quo... so by not coming to an agreement the other parent will basically act like they have sole and continue to make decisions. You can disagree as much as you want but as time elapses, if you do nothing to change this (court) status quo will be established and your outcome will be the same.

If you are serious on this matter you need to push towards trial now... not in a couple years. Many, many parents have shared access and joint custody. My niece just turned two and her parents separated almost a year ago... they have done shared since day one and practice joint custody. No official court order or agreements (they were common law so no divorce) they have a kitchen table agreement that they follow.


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ifonlyihadknown 08-15-2017 12:13 PM

Do you think the OCL report was reasonable, or at least within the bounds of reasonable opinion? Or is if very much biased?

Tayken 08-15-2017 02:24 PM

Quote:

Originally Posted by ifonlyihadknown (Post 222823)
Do you think the OCL report was reasonable, or at least within the bounds of reasonable opinion? Or is if very much biased?

This is hard to say as no one has read the full report.

Note to others: This is why you should never allow the OCL or a Section 30 in your matter. Cases should be judged on actual evidence... not "opinion evidence" of "experts".

Dad1985 08-16-2017 04:53 PM

We had submitted a new offer which was more in line with OCL gradual increases.
We asked shared parenting to be "revised" without need to submit material change of circumstances.

Unfortunately, I don't the other side has even read it. They have said they will be submitting an offer and aren't willing to negotiate.

A take it or leave it.

OrleansLawyer 08-16-2017 06:31 PM

Quote:

My concern now is that i dont feel like i could win in a trial at this point as i have had much against me.
You are on your heels. Your ex will try to push for a trial to win and get what she wants; you will try to delay.

Quote:

Can certain aspects be put on hold till my daughter is a bit older? ie. custody and access
Delay can be strategic.

Quote:

will i be expected to follow through with a final order?
If you settle it will be with a final Order, otherwise the trial Judge will make a final Order.

Quote:

Can i revisit custody when daughter is 5 without prejudice?
That is a very long delay. It depends on the delay in your local courthouse, however if your ex is pushing for trial I would not count on being able to delay three years.

If there is a final order then a future change would need to be based on a material change in circumstances.

Quote:

Will the OCL report be outdated after a certain period of time?
An expert report effectively consists of findings/opinion generated from the facts at the time of the report. Time weakens the report because the facts at trial becoming distinguishable from the facts when the report was prepared.

Quote:

The OCL heavily favors Mom with vague recommendations of increases every 6 months.
The clinical investigator is a witness. Ask to interview the witness (or for them to respond to questions in writing). You need to know before trial what the OCL will say on the stand.

For example: "In light of [situation at trial], what are your specific recommendations for increasing my time with [child]?". Of course, you may want to discredit the OCL if you disagree with their opinion.

Quote:

They have said they will be submitting an offer and aren't willing to negotiate.
Parties do not have to negotiate (although it is a good idea to do it). Ultimately, there are only two endings to a case: a settlement or a decision. If your ex believes she will do better at a final hearing (or you will eventually cave and accept her offer), why would she compromise and accept less?

Dad1985 08-16-2017 06:37 PM

I have received their offer.

It asks for

- more money
- travel without consent
- my access every other weekend Fri - sun starting 2019.
- sole custody
- no real way to revisit

Essentially cutting me out although still looking fo money

Dad1985 08-17-2017 03:56 PM

What would be considered enough delay to have the OCL dated?


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