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  • Another question about filling out the Answer form

    Under the "I don't agree with the following claims made by the applicant..
    11 support for child; 13 custody of child

    Under the "Important facts that form the legal basis for my position..." what is expected: trying to explain why the Applicant should NOT have the custody, or why me (Respondent) should have the custody? (this is already detailed in the "claims by respondent" section. Can I just copy the relevant part here?)

    Thanks!

  • #2
    Since its custody and Access - If it was me, I would structure my position on Section 24 of the Act...

    Children's Law Reform Act, R.S.O. 1990, c. C.12


    Start with Background...
    Last edited by logicalvelocity; 05-18-2010, 09:44 PM.

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    • #3
      Depends.... what is each party going for in regards to custody?
      I would probably focus more on what you as a parent can provide the child. Depends on the reasons why you feel applicant shouldn't have custody. You might need to add alittle more information about your situation.

      Comment


      • #4
        So actually it seems this section would be pretty much the same as the "Claim by the Respondent" - "Important facts supporting my claims", am I right?
        Can I just copy/paste what I've already written there?
        Thanks,

        Comment


        • #6
          Thanks, I've found/read those guides, (Mine is in the Ontario Court of Justice), but they are mostly about the technicalities. So it seems mostly I just write again why me and why not my ex if you you agree.
          Thanks!

          Comment


          • #7
            The courts will want assurances that the parent who has sole custody will encourage/facilitate the child's relationship with the other parent, as opposed to minimizing the other parent's role. So anything you can say to that should help e.g. examples of why you feel your ex will NOT encourage your participation, plus examples to show that you WOULD encourage her participation. It is all about best interests of child, which is usually to have 2 fully involved parents.

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            • #8
              That's pretty hard... so in one section where I don't agree with her claim to have the sole custody I have to say that she is unfit to be a parent, because she is under psychiatric treatment, and in the other section where I detail my claim for sole custody, I should say that I would give her generous access to the child... ??

              Comment


              • #9
                Well of course you are supportive, and hope that her treatment will be successful, and that she will be able to fulfill her role as parent....right???

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                • #10
                  Yes. Actually truly. That's how our separation started: we just can't live together, but we stay friends and we will see each other often. Then a few days later I found myself in jail based on bullsh*t accusations...

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                  • #11
                    If you keep pointing out that she is an unfit parent..that it NOT co-operative and might hurt your case. You need to support her parenting, and whatever helps her be a better parent.

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                    • #12
                      this is like eating my cake and keeping it.... but I'll try my best.

                      Comment


                      • #13
                        As you are seeing, it is VERY difficult to distinguish between your ex's behaviour towards you (what you've described has been horrendous, no doubt about it) and your ex's relationship/behaviour with your child (which you haven't spoken of). But this is an important distinction.
                        Your relationship will make it very difficult to co-parent i.e. agree on decisions about your child's upbringing and will probably cause issues with routine care as well, but doesn't mean that she is not valuable as a parent to your child. So your submission should in effect describe the compromise that best makes it work. Her false accusations are simply evidence that she is does not have the judgement/maturity/balance necessary for sole custody.

                        Comment

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