I just had a bomb of a case conference - Judge bit me off a new one for pushing the matter (leaving case open to goto motion) after he gave his opinion.
background:
Question:
background:
- I lived downtown (20 - 30 minutes travel time to school/daycare)
- She lives 10 minutes away from school/daycare.
- Court order 2006 - access tues & thurs from 4pm to 6:30pm & alt weekends
- Email/Verbal agreement 2008 - Thursdays now overnight
- Email/Verbal agreement 2009 - Tuesdays & Thursday now overnight
- July 2009 I moved out of ottawa in small town - (travel time now 40 - 50 minutes to school/daycare)
- June 2010 - mother decides travel time is too long and revokes my weekday overnights
- June 2010 - she gives them back as child was complaining and so was I
- October 2010 - again she threatens to take them away
- October 2010 - lawyers involved and cops involved as she was trying to just show up and take child.
- November 2010 - tues & thursday overnights continued until case conference (march 2011)
- March 2011 - Judge says that two beds aren't in best interest of child and that the order was made before I moved.
- Ottawa carleton school board policy that kids can ride a bus for no more then an hour - judge said this doesn't apply to us as child is in two different homes.
- Report cards are excellent and no mention of tired/exhaustian or any indication of travel effects. - judge said not yet but it'll happen.
- after judge comments I had to agree to (in a temporary order) thursday overnights only and no tuesdays.
Question:
- Is there a law that defines 'close proximity' - if I wanted to move again where can I move besides 15 minutes away from her school? (I don't want to move)
- Judge commented that he hopes to hell I know what I'm doing if I go forward with a motion - am I wishful thinking that my travel time to school is reasonable?
- My daughter has a half-sister whom is 1 1/2 years old (my daughter is 7 this year) - judge said she can see her on weekends and it's not his concern in this matter. - shouldn't this play more weight?
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