Offer to Settle - Motion

[FB_]

What I wrote was not my offer it was what I am asking for in at the motion.

The problem I was having is that my offer to settle looks almost identical to what I am asking for.

So yes my offer would be

1. Interim Joint Custody
2. Interim Shared Access 2-2-3 stbx Mon Tue me Wed Thur alternating Fri Sat Sun
3. Equal sharing of all holidays
4. Neither parent can change the city of residence wo/ consent or court order (School district would actually be worse as Dufferin Peel is huge. I could say 10km from our Matrimonial home.
5. Child support we both pay table to each other recalculated annually
6. Sec 7 expenses 61/39.
7. Sale of Matrimonial home held in trust until further order or agreement
8. This offer expirses 1 minute after the commencment of motion
9. Costs

Zero chance of her accepting it but whatever.

[Rioe]

I need to put an offer to settle together ahead of my long motion.

Items that I have asked for at the motion are.

1. Interim order for joint custody
2. Interim order for shared parenting access schedule 2-2-3
3. Alernative to 2 a different shared parenting arrgement as deemed just and in the best interest of the children
4. An order directing that neither parents shall change the residence of the children from current city.
5. Alternative to 1-4 an interim order granting sole custody and primary residence to me.
6. upon sale of the home an order for the OCL pursuant to section 89 and/or 112 of the Courts of Justice Act.
7. Order for child support ... set-off her to pay table to me I'm to pay table to her
8. In the alternative to 5. Her to pay me table.
9. standard s7.
10-16 Sale of matrimonial home. Payment of all joint debt. Equity held in trust until further order or agreement and other real estate stuff.
17 An order for costs on a full recovery basis.
18. Post-judgment interest
19. Further relief as deemed just

So the question is how and what should I put in an offer to settle without knowing exactly what she will be asking for.

I'm still debating on offering to buy her out of the house.

I think my requests are pretty fair and pretty much what my offer is. She is going to throw a bunch of shit at the wall and see what she can get to stick. I know she won't accept any offer anyway but my lawyer says we should sent one.

This stuff reads as what you are going to ask the court for, which makes sense for a motion, but for an offer to the other party to settle before court, I would do it differently. I would trim it down and not put any options in at all. Keep it simple and straightforward so she cannot possibly claim to not understand it.

Child Issues

1. Joint custody
2. 50-50 access with 2-2-3 schedule; FB on Mon-Tues, Ex on Wed-Fri, alternating weekends
3. Holidays, special occasions and school breaks to be divided equally by alternating years
4. Neither parent shall change the residence of the children from current city.
5. Child support by offset method: FB pays table to Ex, Ex pays table to FB, with annual adjustment after tax time
6. Section 7 extraordinary expenses proportional to incomes, with annual adjustment after tax time

Equalization Issues

7. Sale of matrimonial home. Proceeds to pay all joint debt before division of remainder.

Costs

8. Should this offer not be accepted before commencement of trial, FB will seek costs.

I believe this would also be a clear offer for a judge who would later rule on costs. Leaving out your pseudo-threat about going for sole highlights how reasonable your offer is.

[FB_]

I am confused about something. Why would you seek OCL involvement only after the sale of the home?

Sorry I didn't word it correctly.

Once an appropriate interim living arrangement is in place and the Mat home has been listed for sale, an order requesting the involvement of the ocl.....

I'm not sure why my lawyer worded it that way.

[mom2three]

I am confused about something. Why would you seek OCL involvement only after the sale of the home?

[FB_]

I need to put an offer to settle together ahead of my long motion.

Items that I have asked for at the motion are.

1. Interim order for joint custody
2. Interim order for shared parenting access schedule 2-2-3
3. Alernative to 2 a different shared parenting arrgement as deemed just and in the best interest of the children
4. An order directing that neither parents shall change the residence of the children from current city.
5. Alternative to 1-4 an interim order granting sole custody and primary residence to me.
6. upon sale of the home an order for the OCL pursuant to section 89 and/or 112 of the Courts of Justice Act.
7. Order for child support ... set-off her to pay table to me I'm to pay table to her
8. In the alternative to 5. Her to pay me table.
9. standard s7.
10-16 Sale of matrimonial home. Payment of all joint debt. Equity held in trust until further order or agreement and other real estate stuff.
17 An order for costs on a full recovery basis.
18. Post-judgment interest
19. Further relief as deemed just

I have no idea what orders she will be asking for.

I believe she doesn't have to respond to the motion until 4 days before according to the rules.

So the question is how and what should I put in an offer to settle without knowing exactly what she will be asking for.

I'm still debating on offering to buy her out of the house.

I think my requests are pretty fair and pretty much what my offer is. She is going to throw a bunch of shit at the wall and see what she can get to stick. I know she won't accept any offer anyway but my lawyer says we should sent one.

Thanks