Hello

[billm]

Pinto, tell your wife to join this forum, you can use it together and one of you will get a reality check!

[Pinto]

Originally Posted by billm

Pinto, tell your wife to join this forum, you can use it together and one of you will get a reality check!

billm that would be nice. but as you know, there are always two sides to any story and I would be afraid to have found yet another battleground. I will consider it though

[dadtotheend]

Originally Posted by Pinto

As I explained in my original post, she won’t budge, having been advised by her lawyer that there is no judge in Ottawa that would give me access to the youngest anywhere close to 50% of the time.

Total bullshit being spouted by a lawyer who is using schoolyard tactics to try and bully you into submission.

If that's going to be the way things are, you might as well offer up mediation expecting nothing (only works with two willing parties) and head straight to court.

If she wants to blindly listen to what her lawyer tells her what she wants to hear, there's no talking sense. Let a judge tell her what time it is.

You have a working (kinda) parenting status quo that will be continued if you fight for it.

And get ready to open your wallet. Your task is going to be learning to use the lawyer correctly. Continue to learn as much as you can on your own.

[NBDad]

You have a right to 50-50...so does she. PERIOD.

Do you have a separation date nailed down? did you file the forms with CRA to back it up if it comes down to it? (RC65 I believe...change of marital status).

Offer up a reasonable settlement IN WRITING to her (via email)...ie. 50-50 physical, joint legal, set off CS based on notice of assessments (line 150) etc.

If she refuses, go and start the process. Use her refusal as grounds to bypass mediation, etc. as clearly she is not willing to negotiate with you.

Debts that are paid out of equalization are anything accumulated DURING the marriage. Anything accumulated AFTER are your own problems. (hence why you need a distinct date of separation).

[InterprovincialParents]

As a MOM, I agree that the "tender years doctrine" (infants and toddlers needing mom more) is utter BS...You can find a lot of resources on the foruns on procedures, and case law precendents on Canlii.ca. Family law guides and forms can be found on the OAG website.

I recommend everyone read A Guide to Procedures in Family Court - Ministry of the Attorney General to familiarise themselves with what to expect, and what you need know know/have.

[InterprovincialParents]

As you will eventually be in Superior court (only one to hear divorce cases), you may also want to look at their site.

Good luck, the forum is a wealth of help!