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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 02-02-2006, 10:28 AM
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CUSTODY – THE STATUS QUO
One of the most important factors in determining which parent will be given custody is the status quo. That means that the first time a case comes before a judge, he or she will inquire as to the arrangements regarding day-to-day care of the children since separation. This is called de facto custody or custody in fact.

In the absence of a very compelling reason and strong evidence supporting that reason, judges will not uproot a child from the care of one parent and transfer him/her to the care of another parent on a interim motion. Why? Because judges seek to minimize disruption and emotional upheaval in the child’s life. If there is to be a change in a child’s residence a judge will typically endeavor to limit that change to a single occurrence at the very end of the case, after all the evidence has been heard. Residential changes involve the possible change of schools, change of neighbourhood and emotional stress to the child. Such disruptions are rarely in a child’s best interests, so in the absence of strong evidence to the contrary, a judge will generally make an interim or temporary order that reflects the status quo and leave the child in the care of the parent who has had de facto custody since separation.

Once the status quo is confirmed in a court order, it becomes very difficult to dislodge. A trial will be one or two years down the road and during that time, the child will become even more settled with the parent who has interim custody, thus making a change of custody that much more disruptive to the child. Usually it takes one of three occurrences to change an interim or temporary order with respect to custody:
• The recommendation of an assessor that custody be changed.
• The expression of the wishes of the child (assuming he or she is of an age that the court would consider him or her capable of freely and responsibly expressing such an opinion) that custody be changed.
• Strong evidence that the parent who has interim custody of the child is unfit. Evidence of neglect, extreme hostility to the access parent as demonstrated with refusal to grant access or drug or alcohol abuse
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Old 02-02-2006, 11:36 AM
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Quote:
How would one go about 'freezing' or locking joint accounts
In regards to post-separation spending, a party cannot control what their spouse does with the joint accounts. However, one cannot simply put $3,000.00 onto the joint credit card and not have to worry about facing the consequences later. A party may claim the freezing of assets in an application (or answer).

If your case has the potential of being settled outside the courtroom, you may ask through negotiation that your spouse's post-secondary spending on the joint accounts be deducted or added in an adjustment to the equalization payment.

Lindsay
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Old 02-02-2006, 02:51 PM
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Quote:
Originally Posted by polar
Im trying to work this one out.
How has that destroyed families?
Grace answered this one very well... but to put it into practice. Say you are the nice parent (guy) and the ex-wife wants to ease the children into a routine, or wants to finish breastfeeding or some other reason not to go 50-50 from the get go. You may even have this in writing.

So 3 months down the road you look at the clause in your agreement or you want the children as per what you both talked about. Then she says "status quo....". And before you know it you are in court for years and status quo becomes the law and bam... good night.

It is a very real threat and very real thing that can harm you and the kids.

Why does it harm the kids? Any time one parent takes the kids from another parent (especially one that wants to be involved), it hurts them (and everyone).

Sadly, you could probably offer the ex $20,000 the next day and she would break status quo in a minute.
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