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Changing Your Motion to Change
I currently have a Motion to Change going to trial in September 2012.
I am self represented at the moment but should have the $ to retain the lawyer I had a consultation with a few weeks ago by mid March.
Originally my Ex and I asked for the Children's Lawyer in October 2011 but they declined-this would be their 3rd time involved. They sent a letter in January 2012 saying my ex had written a letter asking them to reconsider, they did and they will be updated our report.
First court order we had joint custody him with primary residence, 2nd he asked for custody the Children's Lawyer at that time (we are not going to have him again THANK GOD! sided with my ex and he got custody. He was married with another child and considered more stable than me at the time single and allegations of a drinking problem.
Since then I am engaged and living common law had a baby as well, house with a wonderful man who loves my other child.
My ex has (part of the reason for the motion orginally) been alienating my son with the help of a very in my opinion evil step mother who questions my son intensely on return from my home. She has also influenced him I believe. I have had some serious allegations including physical child abuse where my son supposedly reported to her than reported other wise to Child Protection who deemed it unfounded.
My ex is currently not following the court order. I haven't had court ordered access the way it was ordered since June 2011. Contempt motion last August didn't go well not excited to try that again but I do want now after all this to change asking for extra access, police enforcement and no contact at exchanges to Custody.
I was told by the Lawyer this might be hard but the to write a letter to my ex's lawyer asking to change my motion to change and advise the Children;s lawyer to include that in the report. If they decide it is in my son's best interests it will happen.
What are my options? I know if the lawyer disagrees I will have to do a motion asking for this but I am not sure how to word it even to the lawyer. Anyone know about this? I want to send the letter this week. I have a feeling we will be hearing from OCL shortly so I have to get moving...
I am self represented at the moment but should have the $ to retain the lawyer I had a consultation with a few weeks ago by mid March.
Originally my Ex and I asked for the Children's Lawyer in October 2011 but they declined-this would be their 3rd time involved. They sent a letter in January 2012 saying my ex had written a letter asking them to reconsider, they did and they will be updated our report.
First court order we had joint custody him with primary residence, 2nd he asked for custody the Children's Lawyer at that time (we are not going to have him again THANK GOD! sided with my ex and he got custody. He was married with another child and considered more stable than me at the time single and allegations of a drinking problem.
Since then I am engaged and living common law had a baby as well, house with a wonderful man who loves my other child.
My ex has (part of the reason for the motion orginally) been alienating my son with the help of a very in my opinion evil step mother who questions my son intensely on return from my home. She has also influenced him I believe. I have had some serious allegations including physical child abuse where my son supposedly reported to her than reported other wise to Child Protection who deemed it unfounded.
My ex is currently not following the court order. I haven't had court ordered access the way it was ordered since June 2011. Contempt motion last August didn't go well not excited to try that again but I do want now after all this to change asking for extra access, police enforcement and no contact at exchanges to Custody.
I was told by the Lawyer this might be hard but the to write a letter to my ex's lawyer asking to change my motion to change and advise the Children;s lawyer to include that in the report. If they decide it is in my son's best interests it will happen.
What are my options? I know if the lawyer disagrees I will have to do a motion asking for this but I am not sure how to word it even to the lawyer. Anyone know about this? I want to send the letter this week. I have a feeling we will be hearing from OCL shortly so I have to get moving...