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Divorce Support This forum is for discussing the emotional aspects of divorce: stress, anger, betrayal of trust and more.

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Old 02-17-2006, 11:38 AM
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Update on the situation,

Looks like my ex hoodwinked the social worker assigned by the Office of the Children's Lawyer, the social worker totally ignored all of my information and completely sided with my ex's position, her recomendation was that we keep the 50/50, and that my son stay in the school that he is currently in, which is not the school that he had previously attended. Unfortunately, my son wants to return to his old school, his mother had no right to remove him and admitted to only doing it out of selfish reasons.

So it looks like we are not going to accept the recomendations and take it to court, I want my son back into his old school for many reasons, however the largest of which is that he wishes it.

The school that he is in is the second one that I was against him attending, however it would appear that my objections do not count.

Duped
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Old 02-17-2006, 04:49 PM
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Duped,

You may not have any choice but accepting the recommendations of the office of the children's lawyer. This agency acts on behalf of the child.

This agency was most likely court appointed to act to determine the best interest of the child. It will be up to the Judge to determine the competency of the report and how much weight will be given to same.

This is a chance that you take when outside agencies are involved.

If the office of the children's lawyer is recommending a 50/50 shared custody regime, it most likely will be awarded. If you continue to have disagreements about issues, the courts can also take away what they award.
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Old 02-28-2006, 09:09 PM
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Default Further update...

both sides accepted the recomendations of the OCL with the exception of the school that our son will attend next year, the Judge decided to address this at our next court date in march. The judge made some additional comments, first stating that child support is to be paid in my favour, and denied a request by respondent (my ex) for additional time to get financial information in order. The judge stated since she voluntarily gave up her employment, she would have an assumed income to include all benefits including child tax benefit. Approx. 50,000.00. The judge also informed my lawyer that at the next court date he would expect to see a request for full compensatory time (approx 16 weeks) and a request for full costs and GST on a substantial indemnity basis (not sure what this is).

Also, when I went to do my taxes, I realized that only one of us can claim our son as a dependant on our taxes, I wanted to do it, but only one can, my ex also wants to claim him on her taxes. Are their any rules governing this?

Thanks
Duped
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