Parenting Time

[Ottawa1994]

I recently received a final offer to settle from the other parent. Prior to the offer, we were unable to agree on parenting time or custody. The offer given to me does mention joint decision making, which I am okay with. However, the offer does not mention any increase to parenting time. I currently have 5 overnights with my child who is quite young. I've also had two judges state that they vision the parenting time being 50% each in a potential verdict. Plan is to keep the foot on the gas and keep pushing for trial as I can't see a judge not granting extra time to me, but I did want to get insight from this forum. Thank you in advance!

[rockscan]

An offer serves two purposes:

1. Settle the matter
2. Insulate you from costs

If you have had a judge say 50/50 is what they see happening then the other party is stupid to leave it out of their offer. They probably thinking giving you morsels and the idea of the cost of trial will make you settle.

You can make your own offer and include a graduated 50/50 plan. If they don't accept it you have an idea of their aim which is to avoid full off set parenting.

A judge will make the same comment about custody at the SC and TMC with your OTS in the package. I say hang in through those appearances before deciding to accept it or not.

[Tayken]

Make your own offer with what you should be. Its like buying a house. You offer, they counter, then you offer back until you reach an agreement. One thing people fail to do is make lots of good reasonable offers. Make offers to settle the matter early and often. Be reasonable and follow the guidance from conferences for sure!

[Ottawa1994]

Thank you both for the reply and guidance. To give more context, the last court appearance was a settlement conference and we are scheduled for a pre trial management conference in the near future. There is absolutely no way I will be accepting an offer that doesn't include gradually increasing my parenting time with my child. I was just a little dumbfounded that the other parent would "offer" the same amount of parenting time that I'm already having knowing well and true that a) I wouldn't accept and b) that two different judges at two different conferences gave their opinion on what the parenting time outcome would be - 50% to each parent.

[rockscan]

Then make your own offer to settle that is in line with what the previous judges have said or what you expect to get at trial and leave it at that.

Some people are so stubborn that they are convinced they are right and won't budge from that. Sounds like your ex may be in for a rude awakening!

[StillPaying]

There will be more offers from ex as you get closer to trial, so don't worry about that "final" wording. Sounds like they're just hoping you'll agree.

Like already mentioned, keep sending your offers on what you're looking for and willing to accept.

Just a warning though, although judges do provide their opinion on what they think will happen - it may not be the same opinion of the trial judge. They could provide extra time now but it seems like they're pushing it down for the trial judge to decide, which is most likely a ways out still.

[Ottawa1994]

Yes, of course the trial judge may have a different opinion but hearing two judges voice their prediction already gives me some confidence. I have also looked into s.24 of the Children's Law and Reform Act, specifically ss.24(3) as my understanding is that parenting time will be based off the best interests of the child - I can provide tons of evidence to support the opinions of the previous judges and to continue getting gradual increases until a 50/50 regime has been established. That being said, if anyone has leading case law on parenting time, that would be greatly appreciated - I have been finding it hard to find cases on this topic alone.

In addition, pre trial management conference is set for this month and my understanding is that trial would be late 2024 or early 2025 which isn't that far away.

[StillPaying]

Assuming there's no past issues from you, any current concerns, or any far distances between homes - I agree that you should and will eventually get 50/50 as that is best for the children. Based on that, and what your ex is claiming, search for specific case law on custody/parenting time based on those.

How long ago did you file your application? Are you using a lawyer? It's hard to say about trial. You could still have several TMC's, TSC's, Exit Pre-Trial, etc... then once you do make it to the trial list, it's still no guarantee. It's like a 2 week window, based on priority, then based on people who've been waiting the longest. We were pushed the first time and had to wait 6 months for the next sitting. Just be ready to start trial for any day, any time once you are on the list. I believe my call came at the end of the week (Thursday? ) at about 11am, to start at 1pm that day.

[Ottawa1994]

Are there leading cases with parenting time / access or is a lot of the argument built from s.24 of the Children's Law Reform Act?

[rockscan]

Are there leading cases with parenting time / access or is a lot of the argument built from s.24 of the Children's Law Reform Act?

Go into canlii.org and search for custody cases and review the most recent ones. Many will have cases they reference.