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  Ottawa Divorce .com Forums > Main Category > Divorce & Family Law

Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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  #31  
Old 04-24-2018, 11:16 PM
Tyep66 Tyep66 is offline
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I understand that. Im just throwing some stuff out there and seeing what sticks. Trial is long ways away. Im just seeing if their are angles we can explore that is all. My question though is if the OCL report doesnt mention anything about my gf being native or that the daughter is native could that be something we could dispute. I seen something about a special clause about the aboriginal idenitiy of a child must be considered as well in terms of a childs best interest.
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  #32  
Old 04-24-2018, 11:31 PM
rockscan rockscan is offline
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There are a number of posts on this forum about dealing with an OCL report. I donít think it is based on false status quo but on what the OCL has seen from their investigation. Im sure there is more to it than what you are thinking and you will need to discredit those items if you can. I have a feeling, based on your limited info, that there were concerns with the living situation. To be perfectly honest your gf has three children from three men within a few years of each other. She doesnít look good. There is also lack of income and social assistance. This isnít judgement, this is brutal truth on what you have shared. If you are grasping at native status it doesnít look good. She needs to start looking at ways to work up to 50/50 within a schedule and what she needs to do to get there. If her home and care was excellent then the father would not have been able to take the child and keep her. That is kidnapping, why was it allowed and why wasnít the child apprehended? Why has supervised access been imposed for so long? Why did OCL make the recommendations they did? The list of why is long and you need to start addressing the reasons behind it rather than seeking a loophole.

Donít simply excuse it as lies or the system or prejudice or bias. There is more to this situation that the system is concerned about.
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  #33  
Old 04-24-2018, 11:37 PM
kate331 kate331 is offline
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Sounds like your grasping for straws and sounding desperate, which is totally normal. We all can feel like that in this Family Law craziness. Its a stressful time for all.

Make a clearer plan, in some posts your are asking for sole custody, and now you want shared custody and access?

Does your partner work? Is one parent more available to the children than the other?

You have a huge advantage that your not paying legal fees, does the bio Dad have to pay? That can make a huge difference.
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  #34  
Old 04-24-2018, 11:42 PM
Tyep66 Tyep66 is offline
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I am grasping at straws unfortunately. When this thing all started out she was seeking sole-custody because she was the primary caregiver. She took care of her daughter day in and day out. Now, we would be okay with 50/50 as long as she got to see her daughter more. She is on maternity leave and is caring for our child and her older son who lives with us too. Daughters bio dad does have to pay, but he is using his parents money. He also works out of town and gives the daughter to his parents... and the OCL even noted this. CAS never had a problem with her, she is clean from drugs and has been clean for over 3 years, she has a current shared custody plan with her sons dad, she has never once said anything negative about the father only just defended herself against his accusations and pressed that she was the care-giver of the child.
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  #35  
Old 04-25-2018, 12:12 AM
kate331 kate331 is offline
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Now the bio Dad is primary caregiver with a court order OLC report behind him.

Your advantage is you dont have to pay legal fees, there is a saying on this board that Legal Aid "gives you wings", so you can afford to fight and take it to trial. The Dad may not, even if he is using his parents money.

So you do have the upper hand right now. There is nothing for you to loose if you go for full custody then settle last minute on 50/50.

The system is unfair in this regard, to the litigant that has to pay.

I think now, your worrying too much. What does your lawyer think of your chances?
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  #36  
Old 04-25-2018, 12:19 AM
Tyep66 Tyep66 is offline
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Our lawyer is just waiting for the report. He hasn't really said much except wait for the report and dispute where we can and weighing our options. Also I think because of the report he thinks we wont win. I am worried but I really do thank each and everyone of you who are taking the time to read this.

What would you suggest we should be saying to him?
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