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Do I request a Motion or drag it out - need some advice

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  • Do I request a Motion or drag it out - need some advice

    Need some advice.
     
    Recently had the OCL involved and their recommendation was for myself to have sole custody of our child during the school year. Alternating weekends and one nite a week for the X. During the summer keep as is - alternating weeks which it has been for 1-1/2 years. X refused and said he will change, and to give him till next year for him to prove it ?


    During the past 1-1/2 years I have gone threw 2 motions, 1 settlement conference and have an upcoming settlement/trial management conference in September. My lawyer is putting together a settlement offer to see if he will change his mind on child matters, though I know it's just a waste of time and money (which I don't have). I have asked my lawyer if we could do a motion on the OCL's recommendation. I haven't heard anything back as of yet.

    Not sure what to do as I know the lawyers just want to drag this out . . . settlement offer (X will not accept), settlement/trial management conference (X will not accept), and then what's next, another settlement offer, trial, etc ? My thinking is that the only way this can be settled and a decision made is through a motion - am I correct in thinking this way. I would love any advice you can give.

    Many thanks!


  • #2
    Any motion you bring, if successful, would only be a temporary order. So you could bring a motion to court - but it still would not be the final say.

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    • #3
      I am in a similar position at the moment. You can, as mentionned, get a temporary order, but I have been told by good authority (here), that judges will not usually rule on custody on a temporary basis.

      Ultimately, a trial is in order. I would offer a settlement close to the OCL recommendations, once. If not, do not waste any more money. Proceed to pre-trial. Sorry, I know it sucks, but if the two parties cannot decide, it must go to trial at this point.

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      • #4
        So your ex has 1 1/2 years of week about as status quo and you want to change it why?

        If I were him I wouldn't want to accept any offer for less than that, so I really don't blame him.

        A contested custody battle will run you 1-3 years. During that time he simply builds status quo.

        Unless he's a documented danger to the children, he's got a good chance of having the OCL report ignored.

        Perhaps you could offer him up to keep it as is with the requirements that he fix whatever the hell the issues were that OCL noted. If he doesn't comply, then have it written in that YOU have the final say to immediately switch to the OCL recommendations upon 48 hours written notice to him. (Wait until YOU have the kids in hand to call that chip in obviously)

        That way 1. You keep in the spirit of the OCL report. 2. The ex gets his "chance" and 3. If he screws it up, you have a clause that allows you to flip custody if he doesn't play ball.

        Comment

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