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  • Welcome to Crazy Town

    My fiancee and I still in the trenches and preparing for case conference. (his ex not mine).

    Just wondering how you think a judge will perceive the following.

    Separation agreement (she wrote) states joint custody with access every weekend but one per month with us (nothing else about holidays or anything) not court ordered or notarized. Multiple flaws. Signed with no legal rep. Signed in a state of duress and not in right emotional state. No financial disclosure given. No clear Access schedule. Some points would not even be legal. (ie: mother reserves right to change the Children's last name should she remarry).

    We attempted 5 suggested amended agreements outlining a more specific schedule plus removing all nonsense - She refused to sign on grounds that she wanted an additional 300,000 life insurance policy on top of the pre-existing like insurance policy and critical life policy already in effect.

    We suggested mediation. They went to free consultation. She refused to continue on grounds that she didn't feel it was worth her time.

    We discover she is flicking the children in the mouth plus other severe punishments. We Say not acceptable. She continues. We have CAS explain not acceptable. Flicking stops.

    She refuses to honour verbal agreement and status quo of 2 years to share the in the transportation of the kids. We live an hour away and take 407 to minimize drive time thus doubling our expense.

    She agrees then disagrees to lowering our daycare contribution to cover the cost of transportation.

    She refuses to honour written separation agreement (she made) covering half the cost of the vet bills of her and his dogs. Says put them to sleep.

    We suggested reasonable parenting plan via legal rep to her legal rep. She refused on grounds um oh ya, the kids have asked for more time with us so therefore she wants us to have less and tries to take away time. We say not a chance.

    We suggest Arbitration - refused no explanation

    She is taking us to court... She wants sole custody, less access for us, and more money for additional section 7 - private ski lessons. We already pay full table and some section 7 (even though we have never been given a receipt).

    Parent Alienation in full swing now with kids having regular melt downs.

    We put the kids in counselling - she refuses to let them continue.

    She books 2 holidays coming up and asks us to take them for the last 7 days in summer. We agree. We ask for the summer schedule to be outlined so there is shared equal access in the summer months. She refuses on the grounds it is not in the best interest of the kids to be away from her for more than 7 days. We were asking for a split in the middle of every week so that doesn't even make sense.


    Thoughts??? Cause to me it's like CRAZY town.

  • #2
    As long as you stay calm and child-centred, she SHOULD go down in flames.

    Sounds like she has proven that a more detailed agreement is needed to reduce conflict.

    But, seriously, give up on the dog thing. You take the dogs, they are YOUR responsibility. Find another home for them if you want.

    Comment


    • #3
      Originally posted by karmaseeker View Post
      Some points would not even be legal. (ie: mother reserves right to change the Children's last name should she remarry).
      Sure it's legal ... you are just giving your consent to any future surname changes.

      Comment


      • #4
        We didn't argue the dog thing. Just wrote it here to show she broke her own agreement.

        I hope you are right. We are not looking to do anything more than get what is fair, reasonable and in the best interest of the kids. We are tired of the constantly changing rules she dictates and just want a system where the kids are free to see both parents, love both parents, and be healthy and well adapted.

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        • #5
          I didn't think she could unilaterally decide to change their birth surname? Legally or not it is ridiculous to rob children of their heritage and to change their name (they are 6 and 7). She has told them that their last name is now her maiden name and they aren't to use their legal name. This is not the case. No legal name change can have been done without his signature on forms, don't you think?

          Their Maternal grandmother told them the are still what they always were (name wise). They are confused, as are we.

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          • #6
            Signed with no legal rep
            99% of the time this would mean that it isn't worth the paper it's printed on.

            I didn't think she could unilaterally decide to change their birth surname?
            Not unless she forges his signature or gets a court order to allow it.

            Comment


            • #7
              My separation agreement was signed without legal representation on either side, and it was perfectly legal, and held up in court, no problem. As long as a separation agreement signatures are witnessed, and both parties have had an opportunity to obtain legal advice, then it is 100% valid.

              Comment


              • #8
                No opportunity for legal advice. When legal rep was sought after the signatures, she advised us it was worthless.The whole thing needs to be binned and written effectively to protect all members and put the needs of the children first.

                Comment


                • #9
                  Karmaseeker,
                  Family court is a freak show and it sounds to me both you and your fiance have done everything possible to avoid this. Having said that, do you guys have a lawyer or are you self rep?

                  Comment


                  • #10
                    We wanted a resolution over a year ago. but no joy. We finally got lawyer in November. She seems like a good lawyer. Slow but thorough with attention to details.

                    Comment

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