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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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Old 05-16-2017, 06:27 PM
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Default papers needed for custody change

I am asking for a friend.

His two sons want to come live with him, what forms does he need to fill out in order to get this rolling. He picked up the one that is for changing custody without changing his financial situation. I havent seen the papers he has yet but will this weekend.

I just want to make sure that he has all the proper paperwork etc to get the ball rolling. He also wants OCL involved. The kids involved are 12 and 14

Before anyone says anything, he and I have been friends for 29 years and I am not a girlfriend trying to screw his ex.
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Old 05-17-2017, 11:20 AM
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Quote:
Originally Posted by standing on the sidelines View Post
I am asking for a friend.

His two sons want to come live with him, what forms does he need to fill out in order to get this rolling. He picked up the one that is for changing custody without changing his financial situation. I havent seen the papers he has yet but will this weekend.

I just want to make sure that he has all the proper paperwork etc to get the ball rolling. He also wants OCL involved. The kids involved are 12 and 14

Before anyone says anything, he and I have been friends for 29 years and I am not a girlfriend trying to screw his ex.
All he really needs is a From 35 I believe. All the info should be there. It even stipulates whether he would like OCL involvement in those papers,
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Old 05-17-2017, 01:26 PM
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Is there currently any final custody order? If so it it needs to be initiated by Form 15 motion to change CUSTODY, Access, and seek child support from the mother. (http://ontariocourtforms.on.ca/stati...r16-en-fil.doc)

The form LF32 mentioned would be in support of your claims custody claims.

Question number 10 in Form 15 asks you what specific order you want, in there you can request an order appointing OCL which will be discussed at case conference. If other party doesn't agree then you will need to motion OCL with form 14B.

If there is no custody order in place then you need Form 8 Application (Family Law Rules Forms | Ontario Court Services)..

I see your location is in Kitchener. .. if the case is in Kitchener, and there is no prior history for this case in the OCJ, I would recommend going to the Superior Court of Justice. Kitchener doesn't have a unified family court system and OCJ has a bizzare motion process where you file a motion to SET a date (usually 2-3 months out) as where in the SCJ you file a motion and the judge hears your motion right there and then. This would be especially important if you need to motion OCL involvement.

Last edited by trinton; 05-17-2017 at 01:30 PM.
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Old 05-17-2017, 03:19 PM
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If a court order: Form 15 (motion to change), and either a change of information form (15A) or affidavit (14A) at his election, to change the Order.

If no court order: Form 8 Application.

In support of the claim, he will be required to file a 35.1 affidavit regardless of which route is used.
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Old 05-17-2017, 05:44 PM
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there is a final order that is a few years old.

He lives in Kitchener but his ex lives in another town so it was done in the court in Goderich.
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Old 05-17-2017, 09:34 PM
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I would then guess that 12 and 14 year old have a tendacy to switch their alliances between parents. They have usually learnt how to manipulate their parents.

So first why have the 2 children chosen to live with the Dad and what has been the arrangement up to now.

Why the sudden change? Is your friend more concerned about the financial situation or is he seeking to provide some sort of stability in the children's lives or " god forbid" it's a move to grab custody while the other parent struggles with the children.

Perhaps before getting the "ball rolling" there needs to be a discussion between the parents and children

Interesting that 2 posters who consistently screamed for shared 50/50 parenting and both parents having a place in a child's life have immediately advised the forms to use and have not questioned the situation

I think they would have gone to town on a mother asking this question.
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Old 05-18-2017, 12:22 AM
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Quote:
Originally Posted by Beachnana View Post
I would then guess that 12 and 14 year old have a tendacy to switch their alliances between parents. They have usually learnt how to manipulate their parents.

So first why have the 2 children chosen to live with the Dad and what has been the arrangement up to now. Also..at 12 and 14 it's their choice. Not much of a discussion.

Why the sudden change? Is your friend more concerned about the financial situation or is he seeking to provide some sort of stability in the children's lives or " god forbid" it's a move to grab custody while the other parent struggles with the children.

Perhaps before getting the "ball rolling" there needs to be a discussion between the parents and children

Interesting that 2 posters who consistently screamed for shared 50/50 parenting and both parents having a place in a child's life have immediately advised the forms to use and have not questioned the situation

I think they would have gone to town on a mother asking this question.
Beach ... the question was very specific. So our responses were also. Also...at 12 and 14 they basically have final say. I haven't heard anything of abuse or addiction .. not much info at all. OP was just asking about forms.

Again....don't make this about gender. I believe it was Stripes (mother) I just a advised to take custody and get an order for supervised visits with dad. NOT about gender. I'm a FACTS guy. I wouldn't expect this stuff out of you Beach....long time odf buddy and poster.

Last edited by LovingFather32; 05-18-2017 at 12:35 AM.
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Old 05-18-2017, 10:46 PM
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Yeah just miffed that no one said "how come" before giving information on the right forms.

Maybe I felt that it was more meaningful to support the poster by asking the right questions and assisting in defusing a situation rather than.

Nothing personal. Just from my own experience teens routinely move back and forth between parents when the discipline, home life or mood suits them..

One of the joys of being a child of separated parents.
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