Ottawa Divorce .com Forums


User CP

New posts

Advertising

  Ottawa Divorce .com Forums > Main Category > Divorce & Family Law

Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

Reply
 
LinkBack Thread Tools
  #11 (permalink)  
Old 11-08-2017, 07:17 PM
Banned
 
Join Date: Feb 2016
Posts: 1,677
trinton has a little shameless behaviour in the past
Default

Tayken - you catch all that ?


take out" my daughter" and use our daughter.

You don't need to explain maximum contact principle and stuff to a judge. A judge presumably knows all that.

be careful with case law, if there are items that differ from your case then the judge could use those items to cite your case laws as irrelevant .

You need to have a clear material change. Child is grown older and has been able to enjoy increased access with you, which has unilaterally been reduced by the mother (refer to her as applicant or respondent) and is continuing to decrease that and plans to further decrease once school starts.

Is this your affidavit ? Do you have a trial or hearing coming up?

You realize a motion to change still has to go through the process, right ? First appearance, case conference, settlement conference, etc.
Reply With Quote
  #12 (permalink)  
Old 11-08-2017, 08:03 PM
Senior Member
 
Join Date: Jul 2012
Posts: 1,692
OrleansLawyer is a jewel in the roughOrleansLawyer is a jewel in the roughOrleansLawyer is a jewel in the rough
Default

Quote:
What started as a reply in terms of a Affidavit quickly changed as I started adding in case law, which I know you don't recommend. And then I added a table of contents etc. Its almost become a factum but isnt.
1 - If the other side is smart about it, the start of the motion will involve all of your submissions-in-the-affidavit being struck. They are not evidence. Example in paragraph 9: "As a result of jurisprudence the threshold to deny 50/50 shared parenting is very high." That is not evidence.

2 - Why are you making an affidavit into "a factum but isnt"? Swear your affidavit for your evidence and then prepare a factum.

3 - You are not limited to only a certain number of paragraphs. Putting text in large blocks is an unsubtle way of asking the judge not to bother reading it. Break it up with spacing and paragraphs! Good work with the headers.

Last edited by OrleansLawyer; 11-08-2017 at 08:06 PM. Reason: edit: #3
Reply With Quote
  #13 (permalink)  
Old 11-08-2017, 08:20 PM
Member
 
Join Date: Oct 2017
Posts: 84
Doctor Martins is on a distinguished road
Default

Quote:
Originally Posted by arabian View Post
K. Relocating

You haven't moved yet so it is irrelevant. Also, to whom are you referring to when you say "we" are going to relocate? You and your ex?

I think it is a cut-and-paste document (from Orders you have read on CanLii).
3-page response is more than enough.

How much time is allocated for your hearing? (20 minutes?)
We are allowed to put on the form C.. but id say 30min. The we includes a paternal grandfather. Its cut and paste but also organized directly with my personal situation. For example, I give a detailed parenting plan.. it is based on other decisions, and I offer an alternative parenting plan.
Reply With Quote
  #14 (permalink)  
Old 11-08-2017, 08:28 PM
Member
 
Join Date: Oct 2017
Posts: 84
Doctor Martins is on a distinguished road
Default

Quote:
Originally Posted by OrleansLawyer View Post
1 - If the other side is smart about it, the start of the motion will involve all of your submissions-in-the-affidavit being struck. They are not evidence. Example in paragraph 9: "As a result of jurisprudence the threshold to deny 50/50 shared parenting is very high." That is not evidence.

2 - Why are you making an affidavit into "a factum but isnt"? Swear your affidavit for your evidence and then prepare a factum.

3 - You are not limited to only a certain number of paragraphs. Putting text in large blocks is an unsubtle way of asking the judge not to bother reading it. Break it up with spacing and paragraphs! Good work with the headers.
Thanks.. Im still figuring out what a factum is and haven't seen a good sample. The one on the link that was posted here didnt work. In either case its an evolving document in that Its kind of the rough sketch for my thought process and arguments.. even when it comes to talking to OCL etc. Appreciate the feedback! Thats why I posted it.. I have a lot of work to do to understand a factum and how to enter it. The Applicant Mother is self represented.. if you think I'm bad she's far worse, her Affidavits are just basically a bunch of made up irrelevant stuff or talking about who I've dated etc.. but she often gets advice from duty council etc. So its possible they may instruct her on getting stuff struck down. Either way I just want to keep learning and evolving my case both on paper and in how I think about it. I can be quick on my feet if I know what my objectives are and my arguments.. So even writing things out helps my mental process.

To the other poster, yes in general I always aim to to say "our daughter"
Reply With Quote
  #15 (permalink)  
Old 11-08-2017, 08:37 PM
Member
 
Join Date: Oct 2017
Posts: 84
Doctor Martins is on a distinguished road
Default

Quote:
Originally Posted by trinton View Post
Tayken - you catch all that ?


take out" my daughter" and use our daughter.

You don't need to explain maximum contact principle and stuff to a judge. A judge presumably knows all that.

be careful with case law, if there are items that differ from your case then the judge could use those items to cite your case laws as irrelevant .

You need to have a clear material change. Child is grown older and has been able to enjoy increased access with you, which has unilaterally been reduced by the mother (refer to her as applicant or respondent) and is continuing to decrease that and plans to further decrease once school starts.

Is this your affidavit ? Do you have a trial or hearing coming up?

You realize a motion to change still has to go through the process, right ? First appearance, case conference, settlement conference, etc.
Thanks for the tips.. Motion to change hearing. There was been a case conference. There is a settlement conference in January but this will come before that. Everything was on hold for a year after the case conference as I had been asked to watch our daughter more then for several reasons things ended up back in court.. for example Ive been with a girl for over a year, which I kind of kept on the DL and then my ex found out.
Reply With Quote
  #16 (permalink)  
Old 11-08-2017, 10:41 PM
Banned
 
Join Date: Feb 2016
Posts: 1,677
trinton has a little shameless behaviour in the past
Default

Quote:
Originally Posted by Doctor Martins View Post
Thanks for the tips.. Motion to change hearing. There was been a case conference. There is a settlement conference in January but this will come before that. Everything was on hold for a year after the case conference as I had been asked to watch our daughter more then for several reasons things ended up back in court.. for example Ive been with a girl for over a year, which I kind of kept on the DL and then my ex found out.
what hearing is there before your settlement conference in January?
Reply With Quote
  #17 (permalink)  
Old 11-08-2017, 10:59 PM
Member
 
Join Date: Oct 2017
Posts: 84
Doctor Martins is on a distinguished road
Default

Quote:
Originally Posted by trinton View Post
what hearing is there before your settlement conference in January?
Motion to Change. This one.
Reply With Quote
  #18 (permalink)  
Old 11-08-2017, 11:01 PM
arabian's Avatar
Senior Member
 
Join Date: Jan 2011
Location: Western Canada
Posts: 9,911
arabian will become famous soon enough
Default

So you live with your grandfather and you are thinking about moving closer to the mother of the child?

The mother of the child has/is presenting things from her own perspective and you are citing case law. My guess is that this will be a long process with many delays.

What, specifically, is your "material change of circumstances" - not what you hope to do (move closer)?

This is what we call "cutting through the bullshit" I'm afraid - no offense but long, rambling documents are but merely a smokescreen.

I like to get to the point and I'm sure a judge hearing your case will think likewise.
Reply With Quote
  #19 (permalink)  
Old 11-08-2017, 11:12 PM
Member
 
Join Date: Oct 2017
Posts: 84
Doctor Martins is on a distinguished road
Default

Quote:
Originally Posted by arabian View Post
So you live with your grandfather and you are thinking about moving closer to the mother of the child?

The mother of the child has/is presenting things from her own perspective and you are citing case law. My guess is that this will be a long process with many delays.

What, specifically, is your "material change of circumstances" - not what you hope to do (move closer)?

This is what we call "cutting through the bullshit" I'm afraid - no offense but long, rambling documents are but merely a smokescreen.

I like to get to the point and I'm sure a judge hearing your case will think likewise.
Originally the order was I was seeing daughter every other weekend.. Then that changed the past year to I was seeing her as much as 60% of the time as outlined. My father and I live together and both enjoy our daughter.

Over the past year things have materially changed in that the original order is no longer relevant to anyway things have been the past year.
Reply With Quote
  #20 (permalink)  
Old 11-08-2017, 11:25 PM
Banned
 
Join Date: Feb 2016
Posts: 1,677
trinton has a little shameless behaviour in the past
Default

Quote:
Originally Posted by Doctor Martins View Post
Motion to Change. This one.
what type of hearing? focus hearing re: material change? final hearing? trial ??? what's the settlement conference for? not understanding why settlement conference would be after final hearing.
Reply With Quote
Reply

Tags
equal shared parenting, motion to change, shared custody, shared parenting


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On
Trackbacks are On
Pingbacks are On
Refbacks are On


Similar Threads
Thread Thread Starter Forum Replies Last Post
Motion to Change FINALLY!!! Please help. Busch Divorce & Family Law 5 06-02-2015 02:57 PM
Motion to Change..Need help choosing right form geena Divorce & Family Law 1 02-22-2015 07:22 AM
30 days response to Motion to change not met JSR40 Divorce & Family Law 1 02-21-2014 03:34 PM
Motion to change residence seenme Parenting Issues 5 12-22-2012 02:15 PM
Appropriate Procedure gooddadgoingmad Divorce & Family Law 4 02-19-2006 03:44 PM


All times are GMT -4. The time now is 04:08 AM.