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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 10-19-2011, 11:18 PM
salsero12 salsero12 is offline
Join Date: Jul 2011
Location: Toronto, Ontario
Posts: 49
salsero12 is on a distinguished road
Default self representing. how to start court proceeding in ontario

Hello once again:

I would like to know what I need to do to take my ex to court. Basic story, son 3 yrs, daughter 8 yrs. I want to have my kids stay 2 more nights with me during the week, that's the main reason why i moved closer to them. This will move my position to 50% time with my kids. Still paying full CS for both kids.

ex agreed in writing, via email, to let our kids spend time with during the week (mondays and tuesdays), made necessary arrangement at work for me to come late and work late (9 to 5 instead of my regular 8-4).

Everything OK for 3 weeks, until today,now ex wants to change this once again to suite her life changes. Asked ex several times to go to mediation for this, just like when we did our separation agreement, and she doesn't want to.

i want to start legal proceeding this Friday. How can I start doing this? How can I use emails and text messages as evidence? how do i represent myself? Can you provide guidance?

Your help will ne greatly appriciated.


now worried dad that wants to see and spend more time with his kids, worried that i might lose the little time i have with them, worried what the judge might say....just worried and really scare, have no spare $$$ for lawyer, barely have $$$ for rent and food.

Thanks in advance and sorry for venting.
Old 10-20-2011, 12:05 AM
Linear Linear is offline
Join Date: Jan 2011
Posts: 67
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See the case Gordon V. Goertz

Pay attention to the "threshold requirement" needed for the Judge to vary the current arrangement. Meeting this requirement only allows the Judge to make a fresh inquiry into the best interests of the children - a change in access doesn't necessarily follow. Read this case and others that cite it as many times as necessary.

Good luck,
Old 10-20-2011, 01:14 AM
Mess Mess is offline
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Location: Toronto
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Mess is a jewel in the roughMess is a jewel in the roughMess is a jewel in the roughMess is a jewel in the rough

You've been using the agreed upon schedule for 3 weeks. Just go to the daycare/school and pick them up.
Old 10-20-2011, 08:06 AM
salsero12 salsero12 is offline
Join Date: Jul 2011
Location: Toronto, Ontario
Posts: 49
salsero12 is on a distinguished road

What does the case Gordon V. Goertz means in basic terms?

Forgot to mention that on my SA I have a clause that states:
"This Agreement will be revisited monthly (if needed) for the purposes of changing child support and circumstances as they relate to the children, as they arise."

Can i forced her, via court, to attend mediation since she is violating the sign agreement?

thanks for your help.
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