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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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  #31 (permalink)  
Old 11-09-2017, 09:13 AM
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Some research is required if you are facing a material change request:

http://familyllb.com/?s=material+change

http://familyllb.com/2012/05/15/sepa...till-required/

Last edited by Tayken; 11-09-2017 at 09:18 AM.
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  #32 (permalink)  
Old 11-09-2017, 10:06 AM
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Originally Posted by Tayken View Post
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.
There was a final agreement that covered only access and did not address anything else.
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  #33 (permalink)  
Old 11-09-2017, 10:36 AM
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Originally Posted by Tayken View Post
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.
I've already slightly varied my final consent access order. and in process of varying it some more.

what you need to start ideally is a good passage of time. in my case child was 4 is now 8. in your case however 1 year is nothing. then something that changed materially.. in your case.. you had child for 50.50 in spite of final eow order. what would be even more material is how long you had 50.50 for. what is further material is that it is being reduced for no good reason (depending how long it was in place). if it was just in summer then she can just argue it was your summer access and you're sol.but what is also material is that the current access arrangement is still more than what you have in your order and she wants to reduce it... what you need is a motion for interim access to 50.50.. the longer you wait.. the less your chance.. you don't need to prove material change on interim access. if you have a hearing coming up then use that. also any disagreement to holidays could be material change for access. any police involvement ? conflict from all this is what could induce a material change.

other things to be material is change in work schedules.. the fact that you have a gf (a good change but one that was likely forsean) and better yet, the conflict that has bean created. conflict on its own can be a material change if it is effecting child.

speak to duty counsel. lie about your salary. I did many times and ended up hiring the last one I spoke to. actually he never asked about my salary.. just wanted to help.

You need a lawyer to put together a solid argument for material change.

You are also entitled to a free consultation through lsuc referral service.

speak to local lawyers to get help building your case and proof reading your documents. it will be worth it.

don t do it on your own and risk losing. hire lawyer limited scope and hire for custody if they really impress you with access issues.

you're obviously panicking and don't know how to write affidavit. you have some good stuff in there but they are for a factum.

If judge says you fail access motion I would secure current status quo and involve ocl to look into both custody and access

Last edited by trinton; 11-09-2017 at 10:46 AM.
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  #34 (permalink)  
Old 11-09-2017, 10:41 AM
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Originally Posted by trinton View Post
I've already slightly varied my final consent access order. and in process of varying it some more.

what you need to start ideally is a good passage of time. in my case child was 4 is now 8. in your case however 1 year is nothing. then something that changed materially.. in your case.. you had child for 50.50 in spite of final eow order. what would be even more material is how long you had 50.50 for. what is further material is that it is being reduced for no good reason (depending how long it was in place). if it was just in summer then she can just argue it was your summer access and you're sol.but what is also material is that the current access arrangement is still more than what you have in your order and she wants to reduce it... what you need is a motion for interim access to 50.50.. the longer you wait.. the less your chance..

other things to be material is change in schedules.. the fact that you have a gf (a good change), and better yet, the conflict that has bean created. conflict on its own can be a material change.

speak to duty counsel. lie about your salary. I did many times and ended up hiring the last one I spoke to. actually he never asked about my salary.. just wanted to help.

You are also entitled to a free consultation through lsuc referral service.

speak to local lawyers to get help building your case and proof reading your documents. it will be worth it.
It was over a year 50/50
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  #35 (permalink)  
Old 11-09-2017, 10:50 AM
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It was over a year 50/50
but you said the final order for eow is one year. did you get 50.50 before final order ? soon as you get the order ? or it's been more than a year since final order was made ?

over a year is quite some time. material indeed. hire the best lawyer in town. child will know those days were with dad.. but dad isn't there anymore.. her decision to unilaterally cut back access not in best interests of child. unless something significant happens.. drugs.. criminal charges.. CAS..

How long has 50.50 been reduced ?

Last edited by trinton; 11-09-2017 at 10:54 AM.
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  #36 (permalink)  
Old 11-09-2017, 03:14 PM
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but you said the final order for eow is one year. did you get 50.50 before final order ? soon as you get the order ? or it's been more than a year since final order was made ?

over a year is quite some time. material indeed. hire the best lawyer in town. child will know those days were with dad.. but dad isn't there anymore.. her decision to unilaterally cut back access not in best interests of child. unless something significant happens.. drugs.. criminal charges.. CAS..

How long has 50.50 been reduced ?
The final order was a clerical error as its when I signed to get my first overnights. That was a year September. Then since then its been 50/50 in terms of actuality.. but then in beginning of October my ex cut it back to the original. She cut it back with she found out I was still with my girlfriend of a year because I was keeping it on the down low and because I mentioned that we were defecto 50/50 to which she started working about losing child support and her government benefits.
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  #37 (permalink)  
Old 11-09-2017, 09:11 PM
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She cut it back with she found out I was still with my girlfriend of a year because I was keeping it on the down low
Does your girlfriend live with you? Maybe she is jealous (I know I was) that there is a step-mom in the picture.
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  #38 (permalink)  
Old 11-09-2017, 10:19 PM
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Originally Posted by Doctor Martins View Post
The final order was a clerical error as its when I signed to get my first overnights. That was a year September. Then since then its been 50/50 in terms of actuality.. but then in beginning of October my ex cut it back to the original. She cut it back with she found out I was still with my girlfriend of a year because I was keeping it on the down low and because I mentioned that we were defecto 50/50 to which she started working about losing child support and her government benefits.
50-50 is fine until they get less child support and can't collect all their government benefits.
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  #39 (permalink)  
Old 11-10-2017, 09:22 AM
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Does your girlfriend live with you? Maybe she is jealous (I know I was) that there is a step-mom in the picture.
I don't want to give too much away about who I am.. but I would say that my girlfriend has children and we all spend a lot of time together as a group. Im sure it rubs my ex the wrong way but realistically everyone is an adult.. either you stay together and make it work or you understand the consequences of not staying together which means that someone else might be in your child's life. I think that I considered that a lot more during the break up so am more prepared.
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  #40 (permalink)  
Old 11-10-2017, 09:23 AM
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Originally Posted by trinton View Post
50-50 is fine until they get less child support and can't collect all their government benefits.
She certainly liked the free babysitting and freedom to go travel etc. but yeah I think she was worried about losing money and power.. which are the sad parts that people get concerned with.
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