Background:
Joint custody agreement (7 years status quo)
Children are 11 and 8
Mom has primary care, remarried with new child (children's half-sister)
Ex has access each Thursday@supper to Saturday@supper
We served the ex with a Notice of Motion for a variation in CS two weeks ago. Today, my wife was served with what we thought would be the ex's responding document to our Motion, however, he's decided to file his own Motion seeking shared custody.
According to the Divorce Act:
(5) Before the court makes a variation order in respect of a custody order, the court shall satisfy itself that there has been a change in the condition, means, needs or other circumstances of the child of the marriage occurring since the making of the custody order or the last variation order made in respect of that order, as the case may be, and, in making the variation order, the court shall take into consideration only the best interests of the child as determined by reference to that change.
The only change in circumstance exists with the ex. As his self-employed work schedule can be easily changed, he is able to work every other week if he'd like to. Could this be interpreted as a change of circumstance to the child?
We're not *too* worried about her ex's Motion being successful, we'd just like to prepare a well put together Responding Document. However, I can't help but worry about how it would affect the children if they were suddenly separated from their half-sister and vice-versa. They're all extremely close.
Also, since we have a trial date in May for Motion to vary CS and now this one in June, would it be likely they would be held together?
Thanks,
Linear
Joint custody agreement (7 years status quo)
Children are 11 and 8
Mom has primary care, remarried with new child (children's half-sister)
Ex has access each Thursday@supper to Saturday@supper
We served the ex with a Notice of Motion for a variation in CS two weeks ago. Today, my wife was served with what we thought would be the ex's responding document to our Motion, however, he's decided to file his own Motion seeking shared custody.
According to the Divorce Act:
(5) Before the court makes a variation order in respect of a custody order, the court shall satisfy itself that there has been a change in the condition, means, needs or other circumstances of the child of the marriage occurring since the making of the custody order or the last variation order made in respect of that order, as the case may be, and, in making the variation order, the court shall take into consideration only the best interests of the child as determined by reference to that change.
The only change in circumstance exists with the ex. As his self-employed work schedule can be easily changed, he is able to work every other week if he'd like to. Could this be interpreted as a change of circumstance to the child?
We're not *too* worried about her ex's Motion being successful, we'd just like to prepare a well put together Responding Document. However, I can't help but worry about how it would affect the children if they were suddenly separated from their half-sister and vice-versa. They're all extremely close.
Also, since we have a trial date in May for Motion to vary CS and now this one in June, would it be likely they would be held together?
Thanks,
Linear
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