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  • Cost of a motion or a variance

    Does any one have a ballpark figure for the cost of a motion or variance. I,m sure this would depeind on the circumstances so here goes:
    In Short the court order we agreed to which I signed under duress heavily weighs against me and everyday I see signs of my spouse using it (ex-spouse) to alienate me from the chidren. What should a variance cost to alter this.
    As well the OCL report heavily favors me having custody of the children. this seems to be our ace even if we go to trial. Would a motion not be sufficient , presented to a judge such that the issue of custody be resolved as per the report and again how much would this typically cost.
    My problem is that the lawyers are playing cat and mouse with collaborative law , letters ,letters and more letters, .So far this year we've spent about 16 grand on legal fees to gain nothing or at best little. Certainly a motion or variance would not have cost this much.
    Add to this a trial which my lawyer suggests might cost as much as 40 grand and you can see why I;m wound pretty tight on the matter.
    So how much woud/should these things cost and what do I have to do to get my lawyer to get me custody of these children?

  • #2
    A typical motion is between 1-3K. I have used several of them. They suck and waste time, effort, moeny and further erode any co-parenting. But, unfortunately that's the way it goes. You can represent yourself (family law is designed for the layman... right).

    I am not sure, but judges are reluctant to change custody or access on a motion. A trial is about 52 weeks away.

    Lawyers will waste money faster than the Leafs are sinking to the bottom of their division. Letters, letters and more letters. Each one costs about $200. And for what. Nothing. My advice: don't send anymore letters. Stop playing th game. Stop talking to the lawyer unless you are doing an action for you (e.g. filing a motion). Simply take her court and that's that. You are going to waste up to 40K anyway. Might as well get right to the point.

    I am wondering though, what is the agreement? That might weight heavily against you. Like most fathers, you probably signed something with a gun to your head (i.e. I'll give you 5 days access a month, but I want sole-custody... or I'll give your 5 days a month, but I want 30% more CS than the table amount)). Very standard. I see it ALL the time. We need these laws reformed.

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    • #3
      The interim agreement

      Hello to DECENT DAD and thankyou for your advice.

      The interim agreement does not designate custody although it does give her primary residense. Visitation is 4 hrs Tues and Thurs and alternate week -ends from 10 am Sat to 5 pm Sunday. She utilizes a communication book and refuses to speak directly about the children.This would work otherwise only she refuses to answer any of my questions.eg Has Erik been tested for lactose intolerance or milk protein allergies.? The family doctor cannot answer the questions as she is using clinics and doctors on call.She also has refused to provide a direct phone number for me to call my son and therefore controls all the calls. They come at a fixed time wheater I'm there or not, and she makes no attempt for a follow up call.She is extremely inflexible about the visitation and will not allow me the children two consectutive nights.There is nothing that she will mutually agree to unless it serves her purpose.So then another letter.
      I may have to accept that this black and white person will never be flexible so any agreement will be long and ardous.
      The problem is not so much the agreement as it is the fact that it allows her to continually hide behind any and all issues dealing with the children. Basically she is using it as a tool to discredit me , if I,m a few minutes late or to alienate the children from me if and when she can . She makes no attempt to help Erik speak or develope sentence structure when the phone calls take place.If I ask Erik did he play outside today ,or Did he visit his grandmother she acuses me of badgering and interrogating my child. Or asking questions to gain knowledge about her.
      So in a nutshell the agreement puts no onus on her to respond in a supporting way with the children and she uses what ever leverage she can to make my life miserable.
      Simply by writing this I can see the problem is not the court order but a woman bent on making my life miserable. Letters have cost me 17000.00 as of today. So your advice will be well taken.Her is the kicker --- the OCL has reccomended I have sole custody and now a local youth serivces centre that she took the children too has called with regard to counselling to ease Eriks transition .While talking to them on the phone they as much as admitted that it wasn't Erik who needed counselling as much as it was his mother. There concern is that her angar towards me reflected by her non communication in Eriks presense is simply setting him up for heart-ache down the road.
      Thanks for listening my friend i'm sure you didn't expect this....but then again neither did I...and I dated her three yrs before even talking about getting married.

      Thanks
      Brokendad

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      • #4
        BrokenDad,

        I think you are going to have an uphill battle getting custody changed at a motion, if she already has primary residence. Your may have to wait until trial, push for that to happen, not a motion. In defence of the lawyers with all their "lawyer letters", yes it seems like a complete waste of time and money, but they have to build their paper trail for trial.

        Not knowing the hourly rate your lawyer charges for their services, I'll guess a motion would be approx. $5,000. but if the OCL is involved, they would come to to court, at the taxpayers expense, so it could be a lot less. i.e. your lawyer has less to prepare.

        Good Luck

        Comment


        • #5
          Brokendad,

          You could file a motion yourself. You are in a good position as it appears you have an interim consent order on primary residence in place and not custody.

          This order you have keeps both parties on an equal playing field. What will be examined on a final custody order is the best interest of the child test and how the primary caregiver looked after the child. Did it take the assistance of the court for you to have a meaningful relationship with your child.

          Generally, a motion is used to settle an interim issue pending trial. If per say, you bring a series of interim motions and are successful, you have a clear paper trail showing that you requested same in a respective manner. The continuing record can be used as evidence. It does say alot if a series of motions were required for you to consolidate and foster your relationship with your child. For every motion that you file and are successful, this will work against the other party. Moreover, this will be a clear signal by the court to you that they intend to have you involved in the child's life.

          Don't worry if the primary caregiver chooses to put up barriers and fails to inform you of significant events that effect the child such as medical appointments. Continue making your inquiries as to same. File a motion if necessary. Be calm cool and collective and respectful at all times. Could be she is trying to push your buttons - Keep this in mind, and don't fall into this trap.

          An example of a series of interim motions is seen in this case at the links below. At trial the continuing record came back to haunt one party as it took the heavy hand of the court to foster and consolidate the relationship between the father and child.

          http://www.canlii.org/on/cas/oncj/2004/2004oncj157.html

          and

          http://www.canlii.org/on/cas/oncj/2004/2004oncj151.html

          and

          http://www.canlii.org/on/cas/oncj/2004/2004oncj161.html

          and

          http://www.canlii.org/on/cas/oncj/2004/2004oncj158.html
          Last edited by logicalvelocity; 04-01-2006, 11:55 PM.

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