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  • Motion for Change

    How long after you settle do you have to wait to file a motion for change?

    Prior to my last SC, I did not have sufficient proof to proceed to trail. Trial was 2 weeks away.

    At the last SC I requested the judge order to release the CAS file.
    At this Settlement conference the judge said she wouldn't adjourn trial if I didn't receive the documents in time.

    Since then we have received a final court order.

    After reviewing the CAS file I have sufficient proof the Ex was lying on several counts.

  • #2
    Originally posted by otttawa_dad View Post
    How long after you settle do you have to wait to file a motion for change?
    If your settlement is marked final... You have a long long long time to wait. You consented to the agreement. You can't go back on your agreement. I doubt there was much in the CAS file that would change anything.

    Good Luck!
    Tayken

    Comment


    • #3
      According to the SC conference Judge I had to wait 6 months.

      I would have to prove a material change.

      My Lawyer also confirmed this.

      Several things are happening in my life

      My youngest Son is now spending overnights.

      I will soon be moving in with my GF and 2 Daughers.

      As far as I'm concerned these are Material Changes.

      I haven't signed the Final Order yet... This is why i'm asking these questions now.

      Could I go back to the court and request another SC or even a Trial?


      Originally posted by Tayken View Post
      If your settlement is marked final... You have a long long long time to wait
      Good Luck!
      Tayken

      Comment


      • #4
        Originally posted by otttawa_dad View Post
        As far as I'm concerned these are Material Changes.
        Then proceed with whatever you want. Not sure why you asked for anyone's opinion. Just warning you that the court doesn't care what is "material" to you... It cares what is material to the court.

        Could I go back to the court and request another SC or even a Trial?
        You can schedule another SC. The only way to get to trial is for a judge to put you on the trial list.

        Good Luck!
        Tayken

        Comment


        • #5
          Did you sign a final minutes of settlement?

          Comment


          • #6
            I just spoke to FLIC and a few lawyers regarding this. They all said the same thing. 6-7 months seems to be an accepted period, but it's situation-dependent and you have to have a very good reason (MCC).

            Comment


            • #7
              Hi,

              I'm back... things with both boys have been great. Wish I could say about the EX.

              My oldest C5 has been saying over and over he wants to stay with me. She keeps denying him access.

              The OCL report was done when my youngest was 8months old.

              He's almost 3.

              I'm considering filing for a Motion for Change to review access.

              My oldest C5 is having troubles at school. He requests over and over to stay with me, my youngest c2-going on 3 does also.

              As per my previous post. I have evidence that my Ex lied to the CAS and OCL.

              I would like a new OCL report. Would a motion for change be the right route to do this?


              Is a motion for change the right approach to review access?




              Originally posted by LovingFather32 View Post
              I just spoke to FLIC and a few lawyers regarding this. They all said the same thing. 6-7 months seems to be an accepted period, but it's situation-dependent and you have to have a very good reason (MCC).

              Comment


              • #8
                Originally posted by otttawa_dad View Post
                Hi,

                I'm back... things with both boys have been great. Wish I could say about the EX.

                My oldest C5 has been saying over and over he wants to stay with me. She keeps denying him access.

                The OCL report was done when my youngest was 8months old.

                He's almost 3.

                I'm considering filing for a Motion for Change to review access.

                My oldest C5 is having troubles at school. He requests over and over to stay with me, my youngest c2-going on 3 does also.

                As per my previous post. I have evidence that my Ex lied to the CAS and OCL.

                I would like a new OCL report. Would a motion for change be the right route to do this?


                Is a motion for change the right approach to review access?


                As per my current motion to change, my request for OCL was denied. A material change in circumstances needs to be proven before OCL gets involved.


                Sent from my iPhone using Tapatalk

                Comment


                • #9
                  I'm actually going to move in with my new partner and her two kids A6-A9 whom she shares 50/50.

                  I think this alone would constitute as a material change in circumstance.

                  Also the fact my oldest is having problems at school, the teacher actually referenced a "lack" of routine as possibily being a source of the issue.

                  The OP works shifts and during the shifts the A2 and A5 are with their maternal grandparents, as opposed to being with me.

                  Comment


                  • #10
                    I should also mention that upon putting my house for sale, the OP sent me an email asking where I was moving to.

                    Once I informed her of my future residence, she informed me that we would need to review transportation agreement.

                    I think this proves that the OP acknowledges there's a change.

                    Once my house is sold and we address the transportation issues, I will inform the OP i'd like to review access. If she denies this, this is when I intend on file for a MfC.

                    Comment


                    • #11
                      Motion for Change

                      Originally posted by otttawa_dad View Post
                      I'm actually going to move in with my new partner and her two kids A6-A9 whom she shares 50/50.

                      I think this alone would constitute as a material change in circumstance.

                      Also the fact my oldest is having problems at school, the teacher actually referenced a "lack" of routine as possibily being a source of the issue.

                      The OP works shifts and during the shifts the A2 and A5 are with their maternal grandparents, as opposed to being with me.


                      I'm actually quite in a similar situation. Likewise my child is struggling in school and other professionals have raised concerns as well - this is likely a material change

                      The parent obtaining employment and the child being left with grandparents is likely a material change,

                      As per the dating thing, I was advised that it was foreseen that the parents would enter into new relationships and that isn't necessarily a material change.

                      For something to amount to material change, the change could not have been foreseen when the previous order was made.

                      The rules can always be bend by the judges if they really like you.


                      Sent from my iPhone using Tapatalk
                      Last edited by trinton; 10-11-2016, 10:43 AM.

                      Comment


                      • #12
                        Originally posted by otttawa_dad View Post
                        I should also mention that upon putting my house for sale, the OP sent me an email asking where I was moving to.

                        Once I informed her of my future residence, she informed me that we would need to review transportation agreement.

                        I think this proves that the OP acknowledges there's a change.
                        Self induced change. You created the problem (change) of moving from the children's habitual residential location. Good luck winning anything when you do something this stupid.

                        Judges generally side with the non-moving parent and you will have to cover all the changes either by a change in access (reduced) or increased S7 expenses.

                        I wouldn't recommend you move out of the jurisdiction. You will be seen as the one negatively impacting the children. Creating a material change in circumstance without good cause that is in the best interests of the children is not a good idea.

                        Good Luck!
                        Tayken

                        Comment


                        • #13
                          Children age 5. Have no concept of the implications of who,they want to live with. Of course you,child will say,they,want to live with you. At that age they want to please everyone. They want to live with Mommy,and Daddy in the same instance.

                          I doubt a judge would even consider that information.

                          Why,would you think that you moving in with your GF and her 2 children constitute a material change in circumstances. Now you have 3 other people to pay attention to as well as your children.

                          I do not think on the whole blended families are all happy happy environments. You moving into your GF home will impact how her children feel about sharing Mom and their home with 2 other children. It seems these arrangments are often doomed to failure.

                          So I doubt a judge would consider any of this as merit towards a change in circumstances.

                          I caution you to concentrate on your 2 children before trying to form this " big happy family" you are likely to end up with a failed second relationship and your children having to adjust to more losses in their life? It's tough to address questions from a 5 year about why they are no longer going to see your GF and her children. Children often associate failed relationships to them being at fault. You need to wait and secure your own children's security before embarking on another complicated arrangement.

                          But that's just my opinion.
                          Last edited by Beachnana; 10-11-2016, 01:50 PM.

                          Comment


                          • #14
                            Parents should think twice about trying to move a child to another city in the middle of a custody dispute. In any contest between "best interests of the child" and "fait accompli" — best interests will always prevail.
                            - Justice Pazaratz

                            http://www.canlii.org/en/on/onsc/doc...6onsc5621.html

                            17 The status quo — and avoiding reckless creation of a new status quo — are important considerations.

                            18 For clarity:

                            a. The issue is not whether a parent should ever be allowed to relocate a child's residence an hour away. The abundant caselaw on mobility makes it clear that in appropriate circumstances — after thorough consideration of all of the evidence -- much greater moves have been approved as being in the best interests of the child.

                            b. The issue is whether a parent should be allowed to unilaterally impose a change to a child's routine which will subvert a successful status quo, and create an entirely self-serving new status quo in the middle of a custody dispute and in the middle of a section 112 investigation.
                            Caselaw is not in your favour...

                            Comment


                            • #15
                              Can you say loco parentis....

                              Comment

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