I am self rep and have our first case conference set for mid Jan. 2017.
The ex has a lawyer.
Our lawyer drawn up SA from 2012 always encouraged us " that when we disagreed, we should use Dispute Resolution through mediation ".
Everything I have researched so far seems to say that the courts want us to try to resolve our issues ourselves as much as possible .
The 2 main disputes are
1) Can I get the separation agreement amended so that it clearly shows that we have 50 - 50 care and custody and we both pay support to each other and thus I am eligible to the EDC . Current wording uses the word " offset " and she refuses to amend the agreement because she is worried that they will re-look at her taxes . CRA has denied me thousands of dollars over the last 3 years .
2 ) All 3 children are in school full time . The younger 2 ( age 11 and 14 ) spend 1 week with me and 1 with her on alternating weeks . Oldest ( 20 yrs old ) lives exclusively with me and sees my ex maybe 4 days per year. I have asked her to pay me support for our oldest . She refuses .
Over the last 4 years I have asked my ex a few times to go to mediation to try to resolve our disputes. She has always declined .
Problem is , it was done through text messages and that phone had a hard drive crash and now the text messages are gone ( over 1100 of them ) .
Should I start a new line of requests to go to mediation before our first case conference or just wait until Jan 2017 ?
I would like to show that I am willing to negotiate and keep her legal fees to a minimum as well .
I am trying to show that I am reasonable and logical but I also don't want her lawyer to try to spin anything against me .
Any thoughts ?
The ex has a lawyer.
Our lawyer drawn up SA from 2012 always encouraged us " that when we disagreed, we should use Dispute Resolution through mediation ".
Everything I have researched so far seems to say that the courts want us to try to resolve our issues ourselves as much as possible .
The 2 main disputes are
1) Can I get the separation agreement amended so that it clearly shows that we have 50 - 50 care and custody and we both pay support to each other and thus I am eligible to the EDC . Current wording uses the word " offset " and she refuses to amend the agreement because she is worried that they will re-look at her taxes . CRA has denied me thousands of dollars over the last 3 years .
2 ) All 3 children are in school full time . The younger 2 ( age 11 and 14 ) spend 1 week with me and 1 with her on alternating weeks . Oldest ( 20 yrs old ) lives exclusively with me and sees my ex maybe 4 days per year. I have asked her to pay me support for our oldest . She refuses .
Over the last 4 years I have asked my ex a few times to go to mediation to try to resolve our disputes. She has always declined .
Problem is , it was done through text messages and that phone had a hard drive crash and now the text messages are gone ( over 1100 of them ) .
Should I start a new line of requests to go to mediation before our first case conference or just wait until Jan 2017 ?
I would like to show that I am willing to negotiate and keep her legal fees to a minimum as well .
I am trying to show that I am reasonable and logical but I also don't want her lawyer to try to spin anything against me .
Any thoughts ?
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