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  • What to do?

    I have been pushing my ex to go for some sort of mediation to resolve the parenting issues that we both complain about. The ex is now, which is of no surprise to those who have been in similar situation, using her unsupported fears to refuse from that. She is deliberately creating a very hostile environment to support her claim for sole-custody. Of course, she is playing very risky game because (and that's my understanding) if she loses it she loses it all. I would have, if I (a male) were in her situation, tried my best to be friendly with her to get a good shot at joint or shared custody, or increased access at the very least.

    Can I go to the court and get a motion to force us to go to mediation so at least we could resolve the daily parenting conflicts and work as a team for the sake of our son?

  • #2
    Some jurisdictions have mandatory mediation such as Toronto. However, the rest of the province has not come on board notwithstanding the back logs in the courts to resolve issues.

    Its a waste of time to seek an order for mandatory mediation. Just document with the court that you have offered to resolve the issues by way of mediation but they oppose. This in itself demonstrates that court intervention is required and perhaps their position may be unreasonable.

    Many case conferences turn into a mediated session with the Judge giving a view or two of how the issue will unfold if the matter would proceed to motion.

    Take your chance schedule a case conference.

    lv
    Last edited by logicalvelocity; 07-14-2008, 06:24 PM.

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    • #3
      Judges are, or ought to be, wise to the strategy whereby one party deliberately escalates the conflict in order to portray the situation as unsuitable for joint custody.

      If you can demonstrate that the conflict was deliberately created by her, and that you have always wanted to work it out jointly, you should be favourably regarded.

      Your willingness to involve the other parent in a joint custody arrangement, coupled with her desire to exlude you custodially, could backfire bigtime on her and you may well get sole custody.

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