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-   -   Other side does a 180 and now seeks full custody from current 50/50 (http://www.ottawadivorce.com/forum/f3/other-side-does-180-now-seeks-full-custody-current-50-50-a-10511/)

LTD_Edition 10-24-2011 02:28 PM

Other side does a 180 and now seeks full custody from current 50/50
 
Our current 50/50 arrangement has been in place since I started the divorce proceedings more than 5 years ago. Now, that I am moving a little farther (about 15km), the ex wants to now go for full custody in an attempt to punish me and for no other purpose. The ex doesn't really even care that much for our children; he cares more about money and his possessions. However, my questions are as follows:

1. What judge in their right mind would change what already works if NOTHING regarding the kids will change? Same school, same friends, everything?
1.5 Don't the children get to have a voice (early teens).
2. What are the chances that everything backfires on my ex with the VERY damaging evidence we will be presenting at the motion? I'm tempted to have a CAS worker attend the motion to hear about the really dumb things/choices he has done/makes. Most of the things....my ex doesn't even tell own lawyer about. BUT I DOCUMENT EVERYTHING!!!!
3. Do the judges actually read through both sides of the motion documentation, or do they expect lawyers to give them the "Coles Notes" version?
4. What is the likelihood that things stay as they are, and a judge orders a lawyer for the kids?
5. What do judges think of people in the court room during the motion (they are good and will stay quiet)?
6. Doesn't existing law state that a long standing status quo should remain in place, particularly when it works just fine and that it is what the kids want anyway?

Thanks

MommaMouse 10-24-2011 02:56 PM

Quote:

Originally Posted by LTD_Edition (Post 78032)
Our current 50/50 arrangement has been in place since I started the divorce proceedings more than 5 years ago. Now, that I am moving a little farther (about 15km), the ex wants to now go for full custody in an attempt to punish me and for no other purpose. The ex doesn't really even care that much for our children; he cares more about money and his possessions. However, my questions are as follows:

1. What judge in their right mind would change what already works if NOTHING regarding the kids will change? Same school, same friends, everything? Chances are he will not get full custody, but he has the right to ask.
1.5 Don't the children get to have a voice (early teens). Yes, sometimes children can voice their opinion and that is taken into account.
2. What are the chances that everything backfires on my ex with the VERY damaging evidence we will be presenting at the motion? I'm tempted to have a CAS worker attend the motion to hear about the really dumb things/choices he has done/makes. Most of the things....my ex doesn't even tell own lawyer about. BUT I DOCUMENT EVERYTHING!!!!
Don't get CAS involved, they do very little and it just causes more upset. Try to stay civil, the judge ususally sides with the party that stays reasonable and civil. Direct to the point, relivient information only.
3. Do the judges actually read through both sides of the motion documentation, or do they expect lawyers to give them the "Coles Notes" version?
For a motion to change they will get the coles notes from the lawyers until Trial.
4. What is the likelihood that things stay as they are, and a judge orders a lawyer for the kids?
Depends on what your current arraingement is exactly and why he can't make it work, you have a pretty good chance of things staying the same if he's only moving a few blocks.
5. What do judges think of people in the court room during the motion (they are good and will stay quiet)?
They see so many people, I'm sure each individual staying quiet makes little to no impression on the judge.
6. Doesn't existing law state that a long standing status quo should remain in place, particularly when it works just fine and that it is what the kids want anyway?
Yes, it should remain in place but that doesn't stop him from having the right to ask that it be changed. I was told he can bring it back to court as often as 6 months after each case (I'm defending his 3rd motion to change)
Thanks

Good luck :)

LTD_Edition 10-24-2011 03:13 PM

Thanks for the response. Good feedback!
I know most of this is luck, the judge you happen to get, and whichever way the wind blows on that day.
However, it is unfortunate that lots of effort goes into producing the motion and replies, and the jusges don't even take the time to read them.
Well, we'll soon know the outcome in the less than three weeks.

MommaMouse 10-24-2011 03:24 PM

Are you going to trial in 3 weeks or just presenting the motion and responce?

LTD_Edition 10-24-2011 03:38 PM

The ex is presenting their motion and me my response in just under 3 weeks. The move will occur a few weeks after their motion.

LTD_Edition 10-24-2011 03:44 PM

Also, where you state:
"I was told he can bring it back to court as often as 6 months after each case (I'm defending his 3rd motion to change)."

I have a few questions:
1. When does the court draw the line here.......what a waste of court time and your money.
2. If your ex has a failed attempt (3 actually), if nothing changes within the 6 months (circumstances), then when why is your ex repeatedly allowed to waste everyone's time and money? (What a bitter ex you have. Perhaps yours and mine should get together for a tea or coffee).
3. Again, why do the courts permit this?

staysingle 10-24-2011 03:46 PM

The courts permit this because they make MONEY lots of MONEY from disputes. Plain and simple!!!

LTD_Edition 10-24-2011 03:50 PM

They (the courts) make money? Or do you mean the courts make some, but lawyers make much much more. Perhaps I chould have been a lawyer. At least I would have been an honest one....Is therei such a thing?

staysingle 10-24-2011 04:03 PM

Think of the courts as stadium for a professional sports team, paid for by the taxpayers. Think of the lawyers as the athletes that compete in the stadium. Think of yourself as the spectator that gets to pay thousands of net dollars to watch the spectacle. Oh! and the team is called 'the family court raptors.

Judges earn over $250,000 per year ( definitely in the 1% of income earners in this country).

Lawyers bill $350.00 to $800.00 per hour ( A Canadian neurosurgeon typically invoices the government $ $350.00 per hour)

dinkyface 10-24-2011 04:05 PM

Quote:

Originally Posted by LTD_Edition (Post 78032)
Our current 50/50 arrangement has been in place since I started the divorce proceedings more than 5 years ago. Now, that I am moving a little farther (about 15km), the ex wants to now go for full custody

Just to clarify:
- You currently have joint custody (i.e. joint decision-making on major issues), and split time roughly 50-50
- your ex now wants sole custody?
- your ex now wants more than 60% time?

Separate these 2 requests...
- If you've been able to cooperate sufficiently to make joint decisions for the last 5 years, then living 15kms apart will not affect that. Joint Custody will still work.
- If you can make your 50-50 schedule work without spending too much time in transit (especially on school nights), then again there is no reason to change it - or perhaps you can suggest some minor changes?

What SPECIFIC reasons to you think he might make for saying the current schedule or decision-making arrangements will break down?

What changes do YOU think would be required as a result of moving 15kms away? i.e. YOU should come up with a plan to ensure it works. (and perhaps there are no changes needed...)

Whose address will be used to determine school catchment areas i.e. would the kids change schools? That might be the big issue in his mind.


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