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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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  #21 (permalink)  
Old 11-08-2017, 11:30 PM
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I read case on CanLii where father lived with parents and was successful in obtaining sole custody of his child with generous/fair access to child's mother. One of the strongest points of his argument was his parent's involvement in child's life. If I recall he lived in the Niagara region. Wouldn't be too difficult to find his case on CanLii should you so desire. I recall he outlined, specifically, the benefits his parents played in child's life.

You can't camouflage these things. Address them directly.

With change of circumstances you have to be able to be VERY specific on what exactly has changed.

You really should seek legal counsel.
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Old 11-08-2017, 11:33 PM
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Originally Posted by trinton View Post
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.
Trinton - at times you crack me up.... LOL

I too am confused as to the status of this poster's legal situation....
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Old 11-08-2017, 11:55 PM
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Originally Posted by trinton View Post
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.
OK there was an early final agreement on access. That situation has greatly changed. Custody and child support have not been determined.
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Old 11-09-2017, 12:02 AM
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Was there any interim orders for custody? Just trying to follow along.
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Old 11-09-2017, 12:06 AM
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Originally Posted by kate331 View Post
Was there any interim orders for custody? Just trying to follow along.
Final for access.. interim for custody..
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Old 11-09-2017, 12:14 AM
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Do you have joint custody? Or does that even matter when it comes to access? Family law is so confusing
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Old 11-09-2017, 12:57 AM
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Originally Posted by kate331 View Post
Do you have joint custody? Or does that even matter when it comes to access? Family law is so confusing
The default is joint till something has been determined.. so far some rulings on medical and school. There was an access agreement early on after months of having only supervised visitations. That was EOW.. since then, for the past year Ive had our daughter half the time. Then she changed her mind and wanted to go back to the original agreement because a) I have a girlfriend.. b)she found out that we have been doing defecto shared parenting. So I moved to have things restored to the new status quo.
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Old 11-09-2017, 09:06 AM
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Originally Posted by Doctor Martins View Post
The Applicant Mother has on many occasions argued that there is an imbalance of power. The true imbalance of power is our three and a half year old daughter _________ _________ who has no voice. It is not about fatherís rights, or momís rights. Itís about _________ís rights to have BOTH parents in her life.
Diatribe I would never recommend putting into affidavit materials or any materials going to court. The court knows very well what its task is.

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In truth, neither fatherís nor motherís rights actually matter in the situation. _________ is deprived of rights when she is deprived of both parents equally. Fathers and Mothers are both key to the development of children. The "tender years doctrine" is dead and no longer relevant in Canada.
Again, irrelevant and a statement of belief. Furthermore, the court is well informed of this. The fact you are informed of it doesn't tell the court anything relevant with regards to your matter. I would not do this.

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Even on a first appearance equal parenting time has begun to be recognized. Reference: Coe v. Tope, 2014 ONSC 4002 https://www.canlii.org/en/on/onsc/do...4onsc4002.html
This is relevant as part of a factum or included in a BoA. Never put it in your materials like an application or an affidavit.

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Originally Posted by Doctor Martins View Post
This is a well thought out decision by Honourable Mr. Justice Pazaratz that relied on 9 direct citations in CanLII.
The judge knows this. This is like telling someone how to do their job. The fact it is posted on CanLII means it is important by its very nature. The fact it has 9 citings is important.

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Originally Posted by Doctor Martins View Post
B) UNCOOPERATIVE PARTY

2) Much like the saying ďthose who seek power are the ones who should least have itĒ, the Applicant Mother only seeks sole custody on her terms while rejecting all forms of mediation and compromise.
Too much nonsense in that statement. I don't get the relevance of the "" at all. As well, you really need to follow proper affidavit format. Where everything is a numbered paragraph and simple statements of a fact relevant to the case.

1. I have attempted to canvas the Applicant's input on how the matter of our daughter's custody and access could be arranged and to this date have not recieved a response. I have sent (number of emails) emails to the Applicant on day, month, year, day, month, year, (list them all). Please find attached to this my affidavit true photostatic copies of these emails marked as Exhibit "A".

Is this an affidavit or your Response to the application or a request for a motion? Hard to tell. It's a real dog's breakfast.
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  #29 (permalink)  
Old 11-09-2017, 09:07 AM
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OK there was an early final agreement on access. That situation has greatly changed. Custody and child support have not been determined.
Do you know how hard a final agreement made on consent is to change?!

I hate to be a buzzkill on this but, its about as easy to change as Donald Trump's opinion at times.
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Old 11-09-2017, 09:12 AM
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Originally Posted by Doctor Martins View Post
Final for access.. interim for custody..
Those two sentences do not compute.

A "final order" is just that a final order. No coming back unless you meet the incredibly high standards of a "material change in circumstance".

An "interim order" is a temporary order until a "final" order is issued on the matter.

If the access has been settled on consent and marked as "final" it is final. It can only be changed if there has been a "material change in circumstance".

You realizing you made a mistake is not material. How you feel is not material.
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equal shared parenting, motion to change, shared custody, shared parenting


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