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  • cross-motion affidavits ?

    I filed motion, applicant fired back with cross motion. I am now requried to respond to her cross-motion.

    Are items already mentioned in my motion affidavit able to be used against her cross-motion affidavit ? Or do I need to remention them in my respond to her cross-motion affidavit ?

  • #2
    I would think you need to address the
    Contents of the motion with the same reasoning
    Behind your motion.

    Comment


    • #3
      Please tell me that you and your ex are not using legal aid for this nonsense?

      Comment


      • #4
        Originally posted by Beachnana View Post
        I would think you need to address the
        Contents of the motion with the same reasoning
        Behind your motion.
        agreed. It's funny because a lot of her paraphrase prove and reinforce the points I am making.

        Comment


        • #5
          Originally posted by arabian View Post
          Please tell me that you and your ex are not using legal aid for this nonsense?
          elaborate on nonsense.

          I am paying out of pocket and she is on legal aid.

          Comment


          • #6
            watch carefully for your ex attempting to re-try something that has already been decided previously in court. If that is the case your only response need be res judicata I don't know how many times you and your ex have been to court and this may or may not be relevant.

            With regards to my comments about legal aid: I would encourage you to read the decision Tayken posted yesterday in another thread - high-conflict parents who rely on court to make parenting decisions.

            Nonsense: If two adults cannot come to agreement about schedule then one wonders if co-parenting is feasible.

            Perhaps you can figure out how many legal aid hours she has left and strategize accordingly?

            Comment


            • #7
              Originally posted by arabian View Post
              Nonsense: If two adults cannot come to agreement about schedule then one wonders if co-parenting is feasible.
              I completely understand. She is trying to paint us as high conflict.

              Problem is she is withhold her cooperation in hope of obtaining sole custody. Or just has some personality issues. How can you come to an agreement when the other parent is being completely unreasonable ?

              Comment


              • #8
                You likely will never be able to co parent with your ex. You will likely have to settle for a less than perfect agreement and recognize that you will disagree many times over the adherence to the agreement.

                It’s just going to be part of your life. Sometimes you need to walk away with what you can and move on

                Comment


                • #9
                  Beachnana - I think this is a legal-aid/tax-payer funded dispute. (Another thread is about 20.00 subsidized daycare costs...)

                  Comment


                  • #10
                    Originally posted by arabian View Post
                    Beachnana - I think this is a legal-aid/tax-payer funded dispute. (Another thread is about 20.00 subsidized daycare costs...)
                    one side is, they are on legal aid, hence subsidized daycare.. I'm paying out of pocket. been advised not worth it legally to oppose 20/month. my only concern now is if we agree and what happens if daycare becomes 400 or 600 a month. then what?
                    Last edited by trinton; 10-23-2017, 07:48 PM.

                    Comment


                    • #11
                      How many children do you have? Why would daycare "becomes 400 or 600 a month" ? If your ex gets a job, precluding her from subsidy, then you would have to share the cost correct? Then I guess your share could be 400 or 600 (I don't know what daycare costs are in your area).

                      Comment


                      • #12
                        1 child.

                        ex has a job. min wage. the more days child misses daycare and has access with me instead, then higher costs become. if mom changes daycare or decides subsidize doesn't work anymore or for whatever reason, then costs could increase.

                        My position is that I should have child as opposed to daycare in mornings. mom is actually available in mornings but just chooses daycare over me.

                        I am trying to avoid getting into the spiral.

                        Comment


                        • #13
                          You are essentially requesting more time - mother likely believes that you can control her. She likely is afraid that if she 'gives an inch you will take a mile.'

                          I believe it is up to mother what she does with child when it is her time as it is up to you when you have time with child.

                          Comment


                          • #14
                            Originally posted by arabian View Post
                            You are essentially requesting more time - mother likely believes that you can control her. She likely is afraid that if she 'gives an inch you will take a mile.'
                            Yes - I am requesting more time. And yes, she is opposing shared custody.

                            Originally posted by arabian View Post
                            I believe it is up to mother what she does with child when it is her time as it is up to you when you have time with child.

                            Yes. And me having our child instead of daycare would give me more time without taking any time away from her.

                            Comment


                            • #15
                              I believe that daycare is not a section 7allowable expense if it’s being used for the purpose of going to work or attending school.

                              Therefore if Mom is available in the mornings and chooses to put the child into daycare rather than allow the other parent to look after them then the child is,not in daycare for the purposes of work or school therefore it is not a section 7 expense.

                              Usually if you are receiving subsidize daycare you have to prove you are going to work or attending school. Usually it’s a very tightly controlled schedule. You have daycare for the hours of work and travel. If you call in sick the. Daycare is not covered. If you messa round with your daycare hours they will cut you off subsidized care.

                              So if Mom is putting child in daycare and as you suggest not going to work she will not be able to claim that daycare as a section 7.

                              You can ask for her work schedule and proof that the child attended daycare due to her actually going to work.

                              Remember camps in March Break, Summer etc can also be used under section 7. Umbrella.

                              Comment

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