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

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  #31  
Old 09-06-2013, 02:03 PM
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My current schedule is

Week 1: Monday and Wednesday then Friday to Sunday.

Week 2: Tuesday & Thursday (Thursday is overnight)
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  #32  
Old 09-06-2013, 02:07 PM
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Quote:
Originally Posted by Summer13 View Post
I am tired of her controlling the entire situation and me having a zero say Or knowledge in what goes on with my children's life.
Our children's lives.
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  #33  
Old 09-06-2013, 02:15 PM
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Thanks. With all due respect. I didn't come here to get my grammar corrected. Just looking for some help!!!

She is not part of this thread. So the use of my or our is irrelevant.
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  #34  
Old 09-06-2013, 02:20 PM
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Standard minimums are Every other weekend and one evening through the week. You have less than that...how the heck did that happen and why did your lawyer not fix that already?
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  #35  
Old 09-06-2013, 02:31 PM
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One approach is to say that you understood the move was temporary and that the school was not changing. You have never agreed to have the children's habitual residence changed. Nor their school. Then ask in an urgent motion that the children's school be returned to their old school.
Then state that mobility is an issue that can only reasonably dealt with at trial.
And that any permanent move outside the jurisdiction of the children / court would severally hamper and prejudice your case.

Mobility of a child must be with regard to the children. Doesn't sound like that is the case here.

If you have agreed to the school changing in an email or court documents then that's a different kettle of fish

Just my thoughts.

Caselaw on mobility:
Young v_ Young (January 17, 2003)
Gordon v. Goertz - 1996scr2-27
Bjornson v_ Creighton (November 19, 2002)

Mobility and temporary order:
ELLIOTT v. ELLIOTT - 2010onsc4780
Potter v. Potter - 2010onsc5113
Terris v. Terris - 2002canlii46107

I can't remember why I had these caselaw or if it'll help your case, I had them marked for some reason as to mobility.
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  #36  
Old 09-06-2013, 02:37 PM
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Quote:
Originally Posted by involveddad75 View Post
Our children's lives.
Yes she is not on this forum that you know of. But that's not to say that she isn't or could be later or that she couldn't figure it out if she tried. Then she could see all your statements here. and use them against you.

It's more about a mindset.
If you believe and live co-parenting then your behaviour, your response, and actions are as a co-parent. Do it enough it becomes second nature, and everyone around you will see it, including judge, clerks, staff, lawyers.

It's not about putting a show on in court. It's about who you really are.
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  #37  
Old 09-06-2013, 02:37 PM
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I have more than that. Friday to Sunday, tues and thurs (thurs overnight) then Monday and Wednesday all week day visits are 4-830 (except the Thursday) Friday 4 till Sunday at 830

I have 6 overnights this month and see my kids 15 days for a total of 145.5 hours this month.
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  #38  
Old 09-06-2013, 02:51 PM
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Quote:
Originally Posted by involveddad75 View Post
Yes she is not on this forum that you know of. But that's not to say that she isn't or could be later or that she couldn't figure it out if she tried. Then she could see all your statements here. and use them against you.

It's more about a mindset.
If you believe and live co-parenting then your behaviour, your response, and actions are as a co-parent. Do it enough it becomes second nature, and everyone around you will see it, including judge, clerks, staff, lawyers.

It's not about putting a show on in court. It's about who you really are.

Good advice, thank you. This whole process is an eye opener. I will keep your words in mind during our next conversation.

She is high conflict, and sometimes I find it hard not to stand up for myself and just take it.
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  #39  
Old 09-06-2013, 02:59 PM
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Quote:
Originally Posted by involveddad75 View Post
One approach is to say that you understood the move was temporary and that the school was not changing. You have never agreed to have the children's habitual residence changed. Nor their school. Then ask in an urgent motion that the children's school be returned to their old school.
Then state that mobility is an issue that can only reasonably dealt with at trial.
And that any permanent move outside the jurisdiction of the children / court would severally hamper and prejudice your case.

Mobility of a child must be with regard to the children. Doesn't sound like that is the case here.

If you have agreed to the school changing in an email or court documents then that's a different kettle of fish

Just my thoughts.

Caselaw on mobility:
Young v_ Young (January 17, 2003)
Gordon v. Goertz - 1996scr2-27
Bjornson v_ Creighton (November 19, 2002)

Mobility and temporary order:
ELLIOTT v. ELLIOTT - 2010onsc4780
Potter v. Potter - 2010onsc5113
Terris v. Terris - 2002canlii46107

I can't remember why I had these caselaw or if it'll help your case, I had them marked for some reason as to mobility.

I didnt agree to any of it, she never asked my permission or my opinion for that matter. She didnt even advise the school with 1 week left in the school year. She moved to Niagara and I am in Hamilton she kept the youngest in the Hamilton daycare (subsidized, not sure how she pulled that off) because she works in Hamilton. But she switched the 8 yr old's school to one close to her new residence.

The thing that urkes me the most is that she asks me to pick up our kids from her place because she is working when 50% of the time I get there and she is home....there was one time I asked her why she couldnt meet me if she wasnt working, her only reply was that she had to go out now and pick up her youngest (around the corner from where we usually meet)

See what I am dealing with!
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  #40  
Old 09-06-2013, 03:04 PM
involveddad75 involveddad75 is offline
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Quote:
Originally Posted by Summer13 View Post
Good advice, thank you. This whole process is an eye opener. I will keep your words in mind during our next conversation.

She is high conflict, and sometimes I find it hard not to stand up for myself and just take it.
We are all here to help, hopefully when you are all done you will remain here and be one of the helper helping the newbies later on.

Yes there is conflict, and yes she knows how to push your buttons. The answer is to change the buttons. You have children together. You are going to be involved till they are 20+ years old. and likely even longer.

Yes you can totally stand up for yourself, but frame it around your children.

For example:
I respectfully don't consent to a permanent relocation of our children from the city boundaries of Hamilton. Nor to the enrollment into a new school.
The effect of such a move is not in our children's best interests. They desire and would benefit from more time with both parents. I am moving towards equal shared parenting of the children, something that more and more studies show is in the children's best interest. This move hampers that process, and that it not in our children's best interest.

This statement is an example of how to frame things. Nothing in this statement is about you (dad) or the other parent it's all about the children.

Live and breath framing things around the children and let the things that can't be framed around the children go, will make you a better parent and help win in family court.
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