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  • finishing form 35.1

    ok, so I've read over it many times, edited and changed it. Now, I am trying to make sure it's ready to go. Once this form is filed..is that it? I can't go back and request something different? The reason I ask is that the ex and I have never gotten along, a lot of conflict. There are also safety issues.
    In the form, I am asking for joint custody on certain conditions and work up to more time than he currently has. My question is- If I am asking for joint on the conditions and he meets the conditions but he continues to be extremely difficult, combative, verbally abusive etc...can I somewhere in the process ask for sole and just say that joint isn't working? Or would that be a whole new motion? I just don't want to ask for sole right away, would like to give him the chance to prove himself and start over. But...I am worried if I do that, it will end by him saying "f** u, now that I have power I'm taking control" Kinda thing. It has been terrible whenever we try to come to agreement on anything.

  • #2
    Couple questions to verify...

    1- Joint Custody- as in you both must agree on decisions affecting the children

    or

    2- Shared Access- you want to eventually work up to 50/50?

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    • #3
      It says Joint Custody. All it says about access is that access will be increased as long as everything is going well. It doesn't really specify to what end. Does this mean it just keeps going until 50/50? Or will that be something spoken about at the case conference?

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      • #4
        The reason I ask, is because custody is in regards to decision making, compared to access which relates to where the children spend time...

        You may want to clarify what you are actually seeking.

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        • #5
          Check this out... Joint Custody

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          • #6
            Well I am asking for joint custody (decision making)...because I don't really want a big war..I'd like up to co-parent. However, the ex has been resistent to co-parent. I assume because of the drinking and drugs...so in the agreement I've asked for joint custody as long as he recieves treatment for the addictions. If something happens in the process..(he continues to be mean and/or just stops long enough while being monitored). I'd like to know that there is a way to still ask for sole. It will be next to impossible to co-parent with someone who looks for a fight all the time.

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            • #7
              You can reopen at any time I believe, but it will be up to you to prove there has been a change in circumstances... example- he starts drinking again and doesn't communicate.

              Comment


              • #8
                Originally posted by janedoe99 View Post
                ok, so I've read over it many times, edited and changed it. Now, I am trying to make sure it's ready to go. Once this form is filed..is that it? I can't go back and request something different? The reason I ask is that the ex and I have never gotten along, a lot of conflict. There are also safety issues.
                In the form, I am asking for joint custody on certain conditions and work up to more time than he currently has. My question is- If I am asking for joint on the conditions and he meets the conditions but he continues to be extremely difficult, combative, verbally abusive etc...can I somewhere in the process ask for sole and just say that joint isn't working? Or would that be a whole new motion? I just don't want to ask for sole right away, would like to give him the chance to prove himself and start over. But...I am worried if I do that, it will end by him saying "f** u, now that I have power I'm taking control" Kinda thing. It has been terrible whenever we try to come to agreement on anything.
                You can amend your Form 35.1 at any time and re-file it. But, remember it is a SWORN STATEMENT TO THE TRUTH (Affidavit) so stay factual and to the truth. If your story changes with every edit... You can find yourself in real hot water.

                Good Luck!
                Tayken

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                • #9
                  Originally posted by Berner_Faith View Post
                  You can reopen at any time I believe, but it will be up to you to prove there has been a change in circumstances... example- he starts drinking again and doesn't communicate.
                  Correct. You have to demonstrate a "material change in circumstance". What this could be is up for debate. You can find lots of examples in CanLII of what constitutes this in Family Law.

                  Good Luck!
                  Tayken

                  Comment


                  • #10
                    I have never totally understood the wording in my Custody/Access order. Specifically, the first 2 points.

                    It says - the Mother shall have primary care and custody of the Child.

                    The Father shall have Access, as follows..

                    * it doesn't say we have joint custody but it doesn't say I have 'sole' custody either. The access to Father is EOW, with the usual considerations for holidays, birthday's etc.

                    It even allows that I may move away - but with notice to the Father.

                    I'm sorry, I may have asked a similar question before - but is what I have considered JOINT CUSTODY? JaneDoe: my ex and I don't communicate at all and it would be disastrous if we did. Very occasionally there is a text msg exchanged, or an email but it's rare.

                    He does not concern himself with Parent Teacher interviews, will not contribute to a portion of Dental Costs, and generally displays little/no interest. I am hoping to get Section 7 expenses (among other things) implemented into a new Order.

                    JaneDoe: I totally understand and can relate to the frustration of attempting to agree on anything w/someone like your former partner. Best of Luck. Keep yourself informed, as you are.

                    Comment

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