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logicalvelocity [I][I]" What were the issues at the hearing..."
The issues at the motion were:
1. Question of the extent to which there is a necessity for a special needs child to be placed in a private school
2. Question of the extent to which such a cost is reasonable requiring both parties to contribute.
Ex earned $107, 000 and I earned $30,000 last year and we were asking him to contribute 75% for the first academic year.
Our daughter is profoundly deaf in her left ear (from birth) and has a progressive hearing loss in her right ear. (She had normal hearing in that ear at birth and now three years later only has half her hearing left in that ear). Also suffers from severe articulation difficulties and is way behind peers in respect to printing and numeracy.
There is no "standard of care" for hearing impaired children in public schools in Ontario. Tried to lobby for legislation a year ago, including moblizing parents across Ontario in a massive letter writing campaign, rally at Queens Park and meetings with ministers. All in the hope that when she attends Grade One in September 2010 services will be in place. But no legislation.
Then tried to work with the public school board. Had several meetings with a number of people. Submitted all her reports etc. Was informed that although it is recognized she needs the additional assistance, the actual level of service will not be determined until September 2010 when Board will know how many deaf kids are in the Board. So level of service is based on demand not need. This can be a big difference for a child, from having access to teacher for the Deaf once a week to once a month or worst case scenariuo twice a year.
Then as a last resort explored the possibility of private schools. Found an excellent school in our neighborhood, that was familiar with working with hearing impaired children. A school which had an excellent curriculum that was multi-sensory combined sign language with listening skills. Small class ratio and also had in-house speech pathologist along with an important one-to one tution that could be provided twice a week.
Ex argued that we could get Speech Pathologist services in the community in addition to enrolling child into an Oxford Learning Program. However, is unwilling to take her to these appointments. I would like to work full time and contribute significantly more towards tuititon and other costs. However have not been able to do that. It is difficult to find a job that is going to pay well and that will allow you to take an morning or afternoon off three times a week so that you can take your child to an appointment.
With our daughter at private school, with in-house services, she wouldn't have to be taken out of the school for these services. I could then work full time, and contribute 50% towards cost, 75% year later and hopefully 100% year after with no request for contribution from Ex thereafter.
The Ex also argued that given his dire financial situation, he simply could not afford it. He lives with his parents (always has) and has an expensive taste in sports cars, and perchant for buying some very expensive rare items on ebay. For example last week he purchased a "badge" for $400. Go figure.
The Judge decided to reserve judgement and adjourned the case to next month. When he is willing to revisit the issues of necessity and reasonableness. He did not find there was enough evidence to suggest all alternatives to the private school had been exhausted or that there was a necessity for it. So, good news he didn't dismiss the motion out of hand but did say we need to provide a stronger argument with supportive materials.
Given that I am now self representing myself. Does anyone have any ideas on what else I can draw attention to in respect to oral argument or evidence?
The issues at the motion were:
1. Question of the extent to which there is a necessity for a special needs child to be placed in a private school
2. Question of the extent to which such a cost is reasonable requiring both parties to contribute.
Ex earned $107, 000 and I earned $30,000 last year and we were asking him to contribute 75% for the first academic year.
Our daughter is profoundly deaf in her left ear (from birth) and has a progressive hearing loss in her right ear. (She had normal hearing in that ear at birth and now three years later only has half her hearing left in that ear). Also suffers from severe articulation difficulties and is way behind peers in respect to printing and numeracy.
There is no "standard of care" for hearing impaired children in public schools in Ontario. Tried to lobby for legislation a year ago, including moblizing parents across Ontario in a massive letter writing campaign, rally at Queens Park and meetings with ministers. All in the hope that when she attends Grade One in September 2010 services will be in place. But no legislation.
Then tried to work with the public school board. Had several meetings with a number of people. Submitted all her reports etc. Was informed that although it is recognized she needs the additional assistance, the actual level of service will not be determined until September 2010 when Board will know how many deaf kids are in the Board. So level of service is based on demand not need. This can be a big difference for a child, from having access to teacher for the Deaf once a week to once a month or worst case scenariuo twice a year.
Then as a last resort explored the possibility of private schools. Found an excellent school in our neighborhood, that was familiar with working with hearing impaired children. A school which had an excellent curriculum that was multi-sensory combined sign language with listening skills. Small class ratio and also had in-house speech pathologist along with an important one-to one tution that could be provided twice a week.
Ex argued that we could get Speech Pathologist services in the community in addition to enrolling child into an Oxford Learning Program. However, is unwilling to take her to these appointments. I would like to work full time and contribute significantly more towards tuititon and other costs. However have not been able to do that. It is difficult to find a job that is going to pay well and that will allow you to take an morning or afternoon off three times a week so that you can take your child to an appointment.
With our daughter at private school, with in-house services, she wouldn't have to be taken out of the school for these services. I could then work full time, and contribute 50% towards cost, 75% year later and hopefully 100% year after with no request for contribution from Ex thereafter.
The Ex also argued that given his dire financial situation, he simply could not afford it. He lives with his parents (always has) and has an expensive taste in sports cars, and perchant for buying some very expensive rare items on ebay. For example last week he purchased a "badge" for $400. Go figure.
The Judge decided to reserve judgement and adjourned the case to next month. When he is willing to revisit the issues of necessity and reasonableness. He did not find there was enough evidence to suggest all alternatives to the private school had been exhausted or that there was a necessity for it. So, good news he didn't dismiss the motion out of hand but did say we need to provide a stronger argument with supportive materials.
Given that I am now self representing myself. Does anyone have any ideas on what else I can draw attention to in respect to oral argument or evidence?
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