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Old 07-16-2019, 06:40 AM
Mom 2 Two Mom 2 Two is offline
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Quote:
Originally Posted by Selfrepmom View Post
So from what I have read it seems judges reeeaaaallllyy do not enjoy granting a motion for summary judgement on anything that is not blatantly obvious... especially if there is questions over child custody/access. From your posts that I have read, it doesn't surprise me that a judge wouldn't be excited about one- not that it isn't pretty obvious that your ex is a tool lol, but if I remember correctly you have OCL involved as well? That probably just muddies the waters further, and would make a judge want to wait to hear everything out in trial.


What they do seem to like to use summary judgements for are anything that is very obviously and negatively impacting the welfare of the child (like no CS where there is proof that the payor is capable of paying- I also found a lot of summary judgement cases on canlii that had CAS etc listed as one of the parties...again though, child welfare).


For my case, custody and access is already settled on in a final consent order. Literally only issue remaining is CS/arrears/S7s. And I have a TON of evidence to prove what he is beyond capable of making.


I'm thinking this may be the way to go. I've just been skirting around the issue a bit because it is a bit daunting when you are self repping ....


Looks like you for sure could ask for summary judgement.

My lawyer still feels my issue can go there as well. He feels the judge doesnít have all the info to really decide. OCL is done. Still saying Sole custody to me. No huge changes to access.

I guess what gets me is we too have a SA field with the courts. That is specific in what dad should be paying and how much. Thatís the part the judge says is triable.??

Also with Ocl their was no alienation found, the case worker more or less pointed out all the things dad is doing himself to alienate his boys. Gave him all sorts of suggestions and he has yet to implement anything since April disclosure and now of course is disputing the report.

I hope your successful with this as itís not fair to be getting nothing from your ex for his kids.


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