How the Interim Order of Sole Impacts the Whole Case

[LakeErie]

Partly because I didn't have a lawyer and represented myself on the first court Motion date, the Judge granted my 1-1/2 old small daughter to the Mother. This Interim order is valid for 90 days or until the next hearing.

I think I will retain a lawyer, but I just wonder how will this Interim Order impact the whole process of my intention to seek Joint? I know age, or age alone in theory shouldn't be a major factor, but in reality it still plays a big role. What my strategy should be going forward? I'm thinking that at the end of the 90 days, maybe in Sep, I will ask for more access days, and then maybe wait until early year when the baby turns to 2 years old to start the final trial. But will this set up a status quo for the Mother to keep on going with the Sole?

Any advice is very much appreciated. Thanks.

[Mess]

Your post title made me imagine the Grand High Poobah of the Interim Order of Sole.

Meanwhile, there isn't any ability to comment without knowing what arguments you made and why interim order was made. Normally 90 days shouldn't affect status quo.

[LakeErie]

Your post title made me imagine the Grand High Poobah of the Interim Order of Sole.

Meanwhile, there isn't any ability to comment without knowing what arguments you made and why interim order was made. Normally 90 days shouldn't affect status quo.

Mess, what should I do?

I think I should have had a lawyer, because I have lots of advantage points favoring my side. But her lawyer just painted me as an irresponsible dad who didn't care the baby or the Mother.

I now have a up-hill battle to fight against, what are my chances?

[Mess]

An interim order is just an interim order, it's not the end of the world as long as you don't sit on your hands.

First step, call the Law Society of Upper Canada, ask for a referal to a lawyer for a 1 hour consultation. Have all of your information sorted out in front of you, have a list of questions you need answers to. Stay calm, stay unemotional, make the most of your hour. Do that tomorrow, then think about what your next step should be. You are already persuing this, you need an experienced lawyer here, not some random person on the internet.

[LakeErie]

I have talked to a fairly good lawyer and I'm comfortable with her experience and working with her.

Mess, I know you may have seen or read lots of cases, how often do you see the court will change from interim Sole to final Joint? My lawyer says the same that still I have a chance, but to her, it's just one of the cases she decides to take on, to me, it's my daughter and my whole world.

I now know that being self represent is just so difficult and so hard. 3 min into the court proceeding I was beaten down by her lawyer and I knew the Judge had made her decision that the child should be with the Mother. So sad!

[NBDad]

The chances are what you make if them, I successfully fought off a falsified exparte, sole to her, move attempts, CAS involvement, parental assessments the whole 9. Two years later I have the kids 12 days in 14, joint legal, but I have care and control. She gets input, I make all final decisions.

Doable, but it cost me 2 jobs and just under 15000 in legal fees.

[beebie]

How did the Mother get sole custody? She must have had a few arguments.

The lesson is to be prepared next time. Recognize that the Divorce Act favours both parents having custody jointly so that the Child benefits from the parenting of two parents. Read the section of the Divorce Act.

A ninety day order is pretty trivial but don't sit around. Get out there and get testimonials from your employer as to your stable employment, your doctor as to how many times you attended with Child (if any), whoever knows you are a good parent. Take a parenting course and enroll in anything that will make you look like a good parent. Document your involvement with the baby since birth. Decide what cultural and religious background and identity you have to offer Child. Document your huge extended family supporting you and Child and how beneficial this will be for Child. Join some lame parenting circle and discuss breastfeeding and labour. Get creative.

I can't imagine that you got no access to the baby. Remember the baby is young and that is why the sole custody probably. Babies don't like being shunted around from house to house but as they get older, it gets better and better for access.

Try for a good relationship with Mom.

[LakeErie]

The chances are what you make if them, I successfully fought off a falsified exparte, sole to her, move attempts, CAS involvement, parental assessments the whole 9. Two years later I have the kids 12 days in 14, joint legal, but I have care and control. She gets input, I make all final decisions.

Doable, but it cost me 2 jobs and just under 15000 in legal fees.

NBDad, how old were your kinds when you were doing the court thing? My child is only one year and a half...

I feel bad because the Mother's lawyer would say and do anything to paint me a bad guy.