Won at the Motion but Have ?'s

[Teddie]

I was brought into a motion by my ex, it was heard tomorrow and I won the motion. The judge ruled that the access would be spilt 50/50 on a week on week off basis. The judge did not award costs but I am happy that I now have something in a written order from a judge.

The motion only dealt with the children's access schedule and the change in location of their school. No money matters were heard but am I correct to assume that I would continue to pay her offset child support like I have been? Her pay has increased so I was planning on adjusting my monthly CS accordingly.

The judge also noted on the order that it is a "temporary order"....is this standard procedure?

My ex is clearly not going to be happy with the ruling; does anyone know what her next step might be if she wants to keep fighting me?

Thanks again!

[raven70]

Temp Orders at Motions

Hi Teddie, my lawyer told me that at Motions a Justice will only make
Temp orders, I have been to 5 myself and all orders were temperary.

At the SC stage we agreed on Final Orders before a Trial came.

Her recourse would be to Appeal the Justices Ruling, in my matter my
ex did not like the decision of the Court (temp order) and appealed it.

Not an expert on the CS offset as I just pay table less travel, but that
would need to be a different court order, hence another motion to change
it,I would think.

Good Day, Raven

[Tayken]

I was brought into a motion by my ex, it was heard tomorrow and I won the motion. The judge ruled that the access would be spilt 50/50 on a week on week off basis. The judge did not award costs but I am happy that I now have something in a written order from a judge.

Hi Teddie,

Congratulations to your children! Having both parent's equally involved in their lives is the best thing for them. I am glad you were able to present a case which demonstrated this to the justice and the justice agreed. Although you may feel you won in the matter the biggest winners are your children!

The motion only dealt with the children's access schedule and the change in location of their school. No money matters were heard but am I correct to assume that I would continue to pay her offset child support like I have been? Her pay has increased so I was planning on adjusting my monthly CS accordingly.

The other parent would have had to file a financial statement. You can have the CS adjusted to the sworn financial statement by FRO probably. Check with them to see how the change should be addressed. Your solicitor should also be able to answer this for you too.

The judge also noted on the order that it is a "temporary order"....is this standard procedure?

Yes. Motions are only temporary means prior to a trial or agreed upon settlement. At that time things become a "final decision" technically.

Depending on the number of motions and what is argued at a motion and how it is argued the matter may be ordered to trial sooner than latter. The expectation (hope) in the family law system is that parties will settle without the need for a judgment. Only about 10% of cases make it to trial. Most settle out of court even prior to a case conference or a motion.

My ex is clearly not going to be happy with the ruling; does anyone know what her next step might be if she wants to keep fighting me?

My recommendation is to not stir any bees nests. Let the status quo of 50-50 continue on the motion. As time moves forward there is very little that can be done unless you do something *stupid*. By stupid I mean something that would be found against you by CAS or lands you in jail.

The next steps you could expect from a high-conflict person:

1) An appeal. Very costly and requires there to be evidence to be a failure in the judgment with regards to law. Very hard to do. Basically they have to find fault with the judgment.

2) High conflict parental actions. (Highly likely) The other parent saying nasty things to your children. There are books on this that you should read. Specifically "Shared Parenting With a Jerk". Read it ASAP. All the "dirty tricks" are outlined in there that high-conflict parents attempt in shared residency matters.

3) Continuance of the case to trial. Motions for nonsense matters. Wasting the court's time.

My recommendation:

You seem amicable and happy with the current situation. Make an official offer to settle and base it on the current orders and whatever other matters need to be settled. Should the other parent proceed to trial in the matters your offers to settle will be considered at cost award after trial. It is often a good way of containing a high-conflict person who wants to "fight it out in court" and is seeking "justice" and not their children's best interests.

Congratulations!
Tayken

[CycleDad]

... High conflict parental actions. (Highly likely) The other parent saying nasty things to your children. There are books on this that you should read. Specifically "Shared Parenting With a Jerk". Read it ASAP. All the "dirty tricks" are outlined in there that high-conflict parents attempt in shared residency matters....

Great information Tayken!

Just FYI
I found the book although it is not available at my local library it is available from amazon.ca

"Joint Custody with a Jerk: Raising a Child with an Uncooperative Ex, A Hands on, practical guide to coping with custody issues that arise with an uncooperative ex-spouse" [Paperback]

[RAAAR]

Joint Custody with a Jerk as well as Tug of War are incredible books.

I recommend Tug of War to anyone entering the legal system. It has opened my eyes incredibly.

Joint Custody with a Jerk is a great book for all the rest of it, learning how to parent with someone who is impossible to deal with.

[Teddie]

Thanks for the great information Tayken!

Thanks to everyone else who has piped in as well.

My counsel and I are preparing to settle all remaining items and I am hopeful that we can wrap this up later.

I spoke with my ex and she didn't seem too upset over the judges order. Maybe things will calm down now.....keeping my fingers crossed.