Announcement

Collapse
No announcement yet.

Question about SDO change - All my children now living with me !!!

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Question about SDO change - All my children now living with me !!!

    Happy New Year Community.......

    As some of you know, my D15 has now been living with me for just over a year and is very happy.

    Yesterday, on Jan 3rd, S14 told STBX that he was staying with me. This was also the day that I returned S12 and D11 back to STBX after Xmas access.


    As soon as S12 and D11 arrived back at STBX's... STBX and STBX's father (grandfather to children) where made to pay.

    They were told they were no longer welcome, forced to pack up all of their belongings and returned to me later in the evening..

    WTF. ????

    Regardless...... I now have all 4 of my children.... and they never want to step foot in STBX's granfather's house again and want to live with me primarily.

    I know that they have just moved in.... but I am now getting hammered on expenses as the source deduction order is still in place paying STBX AND I am having to support all 4 of my children, 4 bus passes... 4 winter coats, 5 mouths....

    I need the SDO removed or modified asap.

    I have a motion on Jan 20th on an unrelated matter, and the second half of my settlement conference on Jan 21st.

    Could/Should I plead to the court for relief at this time???

    Should I try and bring this forward on an urgent motion ? I don't thing me going broke is considered urgent by the courts..... although its stressing the hell out of me....

    I don't believe contacting FRO will do anything. They will tell me to get an order.


    PND

  • #2
    Contact FRO immediately and let them know the children no longer reside with their mother. They should send her a document that she has to return to them.

    Im not sure of the legality side of it but wouldnt you need to file a motion for full custody and support? Maybe that can be an emergency motion?

    Comment


    • #3
      Originally posted by rockscan View Post
      Contact FRO immediately and let them know the children no longer reside with their mother. They should send her a document that she has to return to them.

      Im not sure of the legality side of it but wouldnt you need to file a motion for full custody and support? Maybe that can be an emergency motion?
      Thanks RS. I did as you said and while they cannot stop garnishing my pay without some sort of order, they can withhold the monies from the payee. So there is a very good chance I will get the monies back.

      Thanks again.

      Comment


      • #4
        Im wondering if you can amend your application for custody?

        Have you contacted your ex requesting an agreed to motion to change?

        Comment


        • #5
          Btw, congratulations - epic

          Comment


          • #6
            Originally posted by plainNamedDad44 View Post
            Thanks RS. I did as you said and while they cannot stop garnishing my pay without some sort of order, they can withhold the monies from the payee. So there is a very good chance I will get the monies back.

            Thanks again.
            You will get the money back. Think of it as a savings account. You can also apply immediately for CCTB and UCB and your GST will be adjusted. It takes up to 3 months, but will be retroactive.

            Comment


            • #7
              Check with FRO, I believe it costs $100 every time you request your own money back for overpayment.

              Comment


              • #8
                Originally posted by Links17 View Post
                Btw, congratulations - epic
                Thanks Link17....

                Quite a change from when I started 3 years ago, which was CAS supervised access.

                I cannot help but feel vindicated.

                Comment


                • #9
                  Awesome. Yes you've been through hell and back. Your perseverance has definitely put you in a good position for a great start this year! Hurrah!

                  Comment


                  • #10
                    Originally posted by blinkandimgone View Post
                    Check with FRO, I believe it costs $100 every time you request your own money back for overpayment.
                    When my husband called to give FRO his change of address, the agent asked how D19 was doing. She had just graduated post secondary. The agent said not to send any more money (husband paid through online banking) and that they would hold the excess that was in the account. They had him fill out forms to stop CS, and a few weeks later a cheque for the overage came in the mail.

                    He didn't have to pay for that, although he never asked for it. He didn't even ask to stop CS.

                    Comment


                    • #11
                      Originally posted by plainNamedDad44 View Post
                      Thanks Link17....

                      Quite a change from when I started 3 years ago, which was CAS supervised access.

                      I cannot help but feel vindicated.
                      Yes, congratulations. Your journey from then to now is pretty amazing.

                      Comment


                      • #12
                        Originally posted by stripes View Post
                        Yes, congratulations. Your journey from then to now is pretty amazing.
                        Thanks strips.... I would love to post a pic of me with my kids... of course that can't/won't happen.

                        All I can say to everybody on this form is that I am forever in your debt.

                        To others fighting I say self rep... fight hard and fight smart, use this community, its proven immensely more valuable then those parasites charging 30 dollars to read an email that says "your fired".

                        Comment


                        • #13
                          Hi all.... An update for you. I hope it helps someone. I had the second part of my settlement conference today and the judge said stbx kicking out younger 2 the way she did was "far beyond deeply disturbing". So much so that the OCL reported the incident to the CAS.

                          The judges endorsement not only recognizes that the children now reside with me but also eliminates source deduction order that was in place immediately.

                          Hope this helps someone else.

                          Comment


                          • #14
                            Well that is certainly good news for you. Sounds like your ex really shot herself in the foot and is going to remain on crutches indefinitely!

                            Comment

                            Our Divorce Forums
                            Forums dedicated to helping people all across Canada get through the separation and divorce process, with discussions about legal issues, parenting issues, financial issues and more.
                            Working...
                            X