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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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  #1 (permalink)  
Old 01-19-2017, 01:40 PM
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trinton has a little shameless behaviour in the past
Default Upcomming sc and motion

I have a sc coming up and wanted to hear some advice from the parents. I have been at sc before many times and always came out with additional access.

After my recent sc, the court ordered a hearing on the issue of material change. I'm also seeking to change custody. I was again given more access. The hearing never happened. I brought a disclosure motion and it pushed everything back as it took me several months to win the motion. I also won a christmas access motion after that. The hearing hasn't happened, my old lawyer came off the record and i got a new lawyer.

The disclosure still hasnt come in and the court wanted to discuss the next steps and The new lawyers set the matter back for another sc. I'm going to be amending my pleadings and possible asking for ocl or section 30. This was already mentioned to the case management judge previously but the judge wanted me to prove a material change first. I never brought a motion for it.

What is everyones thought on amending a pleading before a sc? I know the rules allow me to do so on motion if the other party doesn't agree. Im basically going to be seeking full out shared custody. Either week about or 223 225 schedule.

What sort of things could argue to justify shared, apart from all of the great information lf32 has posted in the debate? Such is it would be in child's best interest to enjoy weekly activities with dad, less gap between visits, etc. I know I need to give this more thought.

As per sc, what sound advice Do you guys have?would you agree to an interim order that's not completely in your favour but gives you more time? What i mean is that it gives you more time on the other parents terms. Not yours. Would you agree to an interim order that gives you more time than you have now but far less than what you are asking for? What about a little more time than what you have now but screws you over in daycare costs? Would you agree to unreasomble daycare position just tonget more time? Reason I ask is because I have seen many cases where the interim order ends up being the final order and i really don't want to settle unless there is a fair compromise

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Last edited by trinton; 01-19-2017 at 01:48 PM.
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Old 01-19-2017, 01:59 PM
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So I made a HUGE Mistake

I completed all the F17C when I should have in fact completed the F17A.

Luckily not all my work is lost

Here's my questions... I'm headed to a "Case Conference"

I'll convert over all my info to the appropriate form 17A.

Now according to the The Law Society of Upper Canada here's the process

1 - Review Rule 17 of the Family Law Rules
CHECK

2 - Set the date for the case conference
CHECK

3- Prepare the documents for the case conference
  • Case Conference brief (Form 17A)(three copies)
CHECK
  • Include the most up to date Financial Statement (Form 13 or 13.1) or Affidavit (Form 14A)
DO I NEED THIS? Last time my lawyer filed the CC, there was no Financial
  • StatementAffidavit of Service (Form 6B)
CHECK

4 - Serve and file the forms
Once I figure out if i need the financial....

5- File a Confirmation form
Will do on the day I file the Form 17A & Form 6B and maybe the Form 13 or 13.1
6- Attend at the case conference

CAN'T WAIT
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Old 01-19-2017, 05:19 PM
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what are you hijacking my thread for advice or something?
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Old 01-19-2017, 06:00 PM
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Quote:
Originally Posted by trinton View Post
what are you hijacking my thread for advice or something?


Oh my bad. Posted in the wrong thread. I'll edit to remove.


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Old 01-19-2017, 10:57 PM
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Trinton,

I truly apologize for threadjacking your post... wasn't my intention at all!!!

I think you answer your own question here...

Having been through what you describe and having settled for less, I wouldn't recommended it.

I would say keep pursuing what you want, otherwise you might be stuck with what you "settled" with for a long time and not what you wanted or what was truly in the best interest of your child(ren).

In my situation, I chose to settle for financial reasons, I couldn't afford the legal fees anymore, I had to sit idle until the OP provoque a material change. Fortunately for me, it wasn't that long. 5 months after signing the SC orders and i'm back at it again. I don't regret signing however, I could have fought it to the end and get what my children deserved earlier. The SC judge will try and convince you to SIGN... don't be fooled it's their job.

Keep you Chin Up... Don't get discouraged....Your child(ren) will thank you in the long run


Quote:
Originally Posted by trinton View Post
Would you agree to unreasomble daycare position just tonget more time? Reason I ask is because I have seen many cases where the interim order ends up being the final order and i really don't want to settle unless there is a fair compromise

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