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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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  #91 (permalink)  
Old 06-29-2017, 01:05 PM
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They want to give you Sunday 12-8 and expand that to every other weekend over the next 5 years? That's crazy.

Do Saturday and Sunday day visits for 6 months then move to over nights after 6 months and 6 months after that to the full weekends. The access schedule should be reviewed and expanded once the child goes to school (this should be part of the agreement). Hopefully by that time you have found daytime job so you can have weekday over nights.

Is Sunday 12-8 PM OCL recommendation or the courts? That is honestly the biggest pile of nonsense. I would sure hope that this is every weekend not every other. You could give up opposite weekends for full weekend every other weekend.

Last edited by trinton; 06-29-2017 at 01:07 PM.
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  #92 (permalink)  
Old 06-29-2017, 01:06 PM
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Quote:
Originally Posted by Dad1985 View Post
Is it possible to decide on a gradual increase in access for now than save custody issues for further down the road?

Such as in interim order? Or is it likely the courts would want the whole thing settled?

We are waiting on a proposal from the other side. From what I gather it will offer a gradual increase to every other weekend with sole custody to mother with some consideration the the father in decisions (whatever the heck that means...essentially sole)
Any decision that says joint custody with final say to the parent X or Y is sole custody in costume.

Check out parenting guidelines and how a court recommended gradual access looks like. try 2 months not 5 years.
http://www.occourts.org/media/pdf/pa...guidelines.pdf
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  #93 (permalink)  
Old 06-29-2017, 01:33 PM
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Originally Posted by involveddad75 View Post
Nice find - looks like California courts know a thing or two about children.

Last edited by trinton; 06-29-2017 at 01:41 PM.
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Old 06-29-2017, 01:37 PM
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Quote:
Originally Posted by trinton View Post
Nice find - looks like California courts know a thing or two about children.
This document, I used back in 2011, it's even more detailed now, with holiday and vacation schedules added.

This is a document produced by a court of competent jurisdiction. They are experts in the process of finding the Best interests of the children.

This document holds it weight in court, even in Canada.
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Old 06-29-2017, 01:44 PM
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My favorite line from the document :

Quote:
Gradual increase of the less attached parent’s contact should occur over time.
Would appear that the ultimate goal is to maximize the time with both parents (i.e., 50-50) where possible.
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Old 06-29-2017, 02:08 PM
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Sorry let me clarify about the moving

The judge essentially said she can move as she pleaaes...just give me 60 days notice. That there is really no reason I can hold her back.

The ocl recommended sole to Mon with unsupervised for 4 hours for the next 6 months. After that left to a parenting coordinator to work on a gradual increase.

The judge started off the settlement with immediately disagreeing with the timeline. Said that over nights would be more realistic after a year not in October. Agreed that I should get more time

Thought the timeline was too soon for joint to be after about a year and a half. Unfortunately threw out the arbortrary number of 5 years now (which my ex will take as fact)

Reached out to the ex to look for more time on Sundays. Said she would add an hour and that it has to be gradual because our daughter has to adjust.

The funny thing is I never wanted such little time. So it's almost as if I gave you little time to begin with now she needs to adjust slowly from there.

I'm waiting on their proposal. Our next speak to isn't till august 27 so I don't think I should expect it until then.

I would like us to be able to work this out. I've been walked all over along the way
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Old 06-29-2017, 02:27 PM
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The judge also made a very stern comment saying a trial wouldn't happen until the new year.

Also, during this time of continue to pay full child support and hold on to a mortgage.

My lawyer mentioned after the settlement that if it goes to trial it could set precedence should I lose
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  #98 (permalink)  
Old 06-29-2017, 02:45 PM
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are you in Ontario court of Justice or Superior court of Justice ? I would highly recommend discussing an interim motion to eliminate supervise access - you should be able to get this argued in a couple of months time in OCJ but would be within weeks in SCOJ. Given there is mortgage I take it you are in the SCOJ ?

W.r.t. to the move,, no ,, doesn't work like that. She would need to get permission from the courts to move. Her move would impact the children's access to you. The move alone would be a material change in circumstance that would allow you to seek sole custody so that children stay with you locally (this is why you want as much as access as possible). That being said, you should ask that she not be permitted to move if she wants sole custody. It's a reasonable counter claim IMO.

That clause in your order that access should be expanded will help you change your order in the future without having to prove a material change. You would be able to change your order once the child is out of the "tender years doctrine" regardless. Keep in mind that is _only_ for access. You might not be able to change custody - keeping in mind that you will have to justify why you consented to sole custody initially. Sole custody without the right sanctions will haunt you later on. Some fathers call it _Stolen_ custody.

Speak to your lawyer about an interim motion to secure unsupervised access while you guys work through the various issues.

PS. Why do you have an order for supervised access ?

Last edited by trinton; 06-29-2017 at 02:50 PM.
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  #99 (permalink)  
Old 06-29-2017, 02:53 PM
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There was never an order for unsupervised access. The mother came along during all the time given. During this time it was a take it or leave it from my ex. 3 hours a week. 2 hours at a playcentre 1 hour at the mall while mom either watched or followed. Never court ordered.

After ocl recommendedations of 4 hours unsupervised, my ex "graciously" allowed me Sunday 4 hours.

The case is in Kitchener court house
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  #100 (permalink)  
Old 06-29-2017, 02:54 PM
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Errr
NEVER AN ORDER FOR SUPERVISED ACCESS
My ex just chose to do this
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