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Parenting Issues This forum is for discussing any of the parenting issues involved in your divorce, including parenting of step-children.

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Old 10-18-2017, 12:35 AM
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Default Can a temp order only be made on extreme circumstances?

Hi all,

I have my first CC coming up at the end of the month. I had a meeting with my lawyer's junior today and feeling a little mislead.

A month ago, talking to my senior lawyer, was advised we can't put temp orders, mainly for increased access for our two kids until CC happens. Fully understood that and have been waiting patiently.

Today, speaking with the junior, was told they can only be made on extreme circumstances. That they're costly and considering the attitude of my STBX, best not to rile her feathers and tension.

I'm so confused. Feeling like this is going downhill. And that not enough is being done to achieve equal parenting.

Is this correct?

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Old 10-18-2017, 01:29 AM
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My lawyer had a case like that. in urgent situations you can bring a motion before case conference. he brought a motion for being denied access completely and got into a shouting match with the judge and had to go through the case conference and did not restore access until 6 months later. My local court is setup on such way where you have to get a leave for your motion during which a motion date is set usually couple months later. it's screwed up.

but in the end it depends on the judge. some judges will allow.. some will lose their shit on you. he's had similar cases in past where his motions were set to be argued within 2 weeks and before case conference.

junior lawyers think they know it all. senior lawyers been through it all.

I would bring the urgent motion regardless. the longer she has status quo in her favour.. the more uphill the battle get a for you.

when is your case conference? If it's soon can't you just wait until case conference where the judge has had a chance to yell at your ex first? and then bring your motion?

Last edited by trinton; 10-18-2017 at 01:34 AM.
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Old 10-18-2017, 01:34 AM
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Quote:
Originally Posted by trinton View Post
My lawyer had a case like that. in urgent situations you can bring a motion before case conference. he brought a motion for being denied access completely and got into a shouting match with the judge and had to go through the case conference and did not restore access until 6 months later. our court is setup on such way where you have to get a leave for your motion during which a motion date is set. it's screwed up. but in the end it depends on the judge. some judges will allow.. some will lose their shit on you. he's had similar cases in past where his motions were set to be argued within 2 weeks and before case conference.

junior lawyers think they know it all. senior lawyers been through it all.

I would bring the urgent motion regardless.
I'm not looking to bring an urgent motion before CC.

Can I make a temporary order after CC requesting further parenting time? Equal parenting time?

I'm being told no and thays judges won't disrupt the current schedule.

I currently have 3 days per week, 3 hrs each. Alternating Saturdays, 9am to Sunday 9am. The other Saturdays from 9am to 7pm.

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Old 10-18-2017, 01:36 AM
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what is real status quo.. as in what was in place before you guys separated.. how often you got to see your kid. how did this current access arrangement come to be? how long it been in place? how old is child?
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Old 10-18-2017, 01:41 AM
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what is real status quo.. as in what was in place before you guys separated.. how often you got to see your kid. how did this current access arrangement come to be? how long it been in place? how old is child?
Working dad. Stay at home mom. I was as active as I could be and spent much time caring, nurturing and educating both, 4 and 2. Quantity wasn't there but quality defitnely was. And still is.

Current access is being controlled by stbx. I've been repeatedly asking for more but she's not budging much.

I'm hoping a temp motion can change that.

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Old 10-18-2017, 01:42 AM
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what is real status quo.. as in what was in place before you guys separated.. how often you got to see your kid. how did this current access arrangement come to be? how long it been in place? how old is child?
We've been separated since July. I just had my first overnight at end of September. Very gradual. But being told I have to accept it by my lawyers.

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Old 10-18-2017, 11:11 AM
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We had an "interim interim" order made, before case conference, but that did really meet an urgent nature "(abuse), and the need for an acceptable safety arrangement being made in the interim".

Even then, the judge openly questioned why we were trying to bring this before a case conference, and I believe this particular judge only made the order, because both myself and the other party were in agreement this had to be done.
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