Response to Response

[Pippi123]

Received Response to Motion to Change. What forms do I use to Respond to this or can I just use Form 14A Affidavit General and do what my X did, which is make a grocery list of "accusations"? I want to respond to every single point my X made.

Also based on anyone's experience, if I have Joint Custody 50/50 with alternating weekends and 1 day during the week on my Separation Agreement (I signed without Legal Counsel, SA drafted by X's Legal Counsel only and noted on the last page the SA was acting in her best interest), X is now going for SOLE custody, still giving me "TIMES" I can see my kids, also asking that she can take the kids out of the province or on any vacation without my consent.

What are chances of this happening, her getting SOLE custody? No history of drugs, smoking, drinking. 1 assault charge back in 1993 (I was a bouncer then and I was 20 and has nothing to do with X) and one with X filing a police report when we had an arguement. I have confirmation that on 1 occassion while being escorted to my home to pick up belongings, X was abusive and non-compliant with OPP escorts.

Advice please.

[hadenough]

You need to ask a lawyer which form to use. There's so many! Based on what you said, I don't think she would fare very well in an application for sole custody. Keep your cool. Stick to the facts. My ex lied about EVERYTHING except his name amd date of birth. Made me really upset/angry at first. Eventually the courts see who the truthful party is. The sad part is, basically some ppl jus say whatever they want and there's not a whole lot you can do about it. Just show by example that her characterization of you is not credible. I just laugh to myself now at the bs my ex has spewed out. He's pathetic. No one believes him except maybe his unfortunate new wife. That too will blow up in his face eventually. It takes time. Good Luck. Court is not for the weak of will. Be all in or all out. Stay calm. The Court is aware that a lot of lies get told. They see it allllll the time.

[hadenough]

Ps: re your ex - there's a police report bit you were not charged, is that correct?

[Pippi123]

Not charged. An incident report that when I went up there to retrieve belongings in the midst of it we were fighting over a 100year old cookoo clock which after both of us grabbing on to it, it flew across the room and barely hit my eldest daughter. I was accompanied with a friend who saw my X continually harassing me to give her money for the mortgage and wouldn't let me retrieve my things in peace.

[Pippi123]

Also wondering , X is underemploying herself making 1,800/month as a part time stocking clerk (she's 45) at a local grocery store and making an affidavit that "she is hopeful on obtaining full-time". Doesn't she need to prove she is seeking work to pay for her $235k mortgage which was approved using my $1,000 C/S? I was already unemployed when the SA was signed. She tells me I need to prove (which I did) that I was looking for a job...300 applications, agency contact names and numbers, and a termination letter showing I didn't voluntary seek a lower paying job.

[hadenough]

There doesn't appear to be any compelling argument your ex would have for sole custody.

[Access Dad]

What your talking about is a Reply and yes you can use the Form 14A General Affidavit for it. Remember, a Reply should not contain any new allegations. It must only contain your responses to your ex's allegations in her Response. Any new allegations you make may be struck or otherwise ignored by the Judge.

[Access Dad]

And remember, you only have 10 days to file a Reply!

[hadenough]

What a flashback that just gave me. For the 1st few months (I was the Applicant) I did everything without a lawyer. All the forms. It got so confusing and I was making 5 copies of everything. That's correct - 10 days to be served and filed to all parties. Ugggh. So glad that is now a distant memory.