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Interim Order for 50/50 from Primary, urgent

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  • #16
    Originally posted by FirstTimer View Post
    so the judge won't let you move to 50/50 why not? That sounds really unfair.
    She was a SAHM and its just transitional should be in court June 2015 to revise for the following school year. Hopefully SS ends and custody switches and I can retake my life back properly. There was also some false info on her part that my lawyer didn't contest which messed up the spousal support -awarding her double what she should have gotten (1500$/mo instead of 750$) and I got screwed.

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    • #17
      Yes, exactly the strategy my lawyer told me. We would go to full trial on this. How much do you charge?

      I'm sure it's in her affidavit, as she also setting up the assault charges so she is trying everything....including that your order is void cause you didn't use the vary order form! I'm picking him up tonight!

      She is very very good at playing the victim, she can turn on the tears like clockwork. Hence why, i need a full trial to present all the contradictory texts, emails, sound recordings showing her she mentally unstable.

      As an aside, you're not a troll..lol Your advice is greatly appreciated.

      Originally posted by Links17 View Post
      Never married or cohabited (or are you from Qc?)

      If she is asking a change in custody she needs to show a change in circumstances.

      If she tries to throw out the agreement:
      -she can rely on lack of ILA
      -she can complain about being in a stressful situation.

      I think you should at least argue that for the interim nothing should change as the kid is settled and she can't even offer him stability anyways and it should go to a full hearing but at that point the agreement she made will kill her.

      I don't think she realized how much money is attached to children.... maybe doesn't have a lot of divorced friends.

      Give her lots of access.

      (btw i am just a troll on the internet so what i say is meaningless...)

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      • #18
        Also, do judges hate it when people don't follow orders? She came to my house last Monday night and came to ask for more money, she didn't get it so she decided to take him at 9:30 PM at night. He was cryiing that he didn't want to go. I had to call police, they came and everything.

        My lawyer suggested that if she tries to vary the order, we hit her with a police enforcement clause but again I have no time.

        As well, she came over at 8:40 on Tuesday night wanting to say good night to him, i was upstairs giving him a bath and she assumed i was hiding him?? so she sent a bunch of swears through text, f*ck you, etc...and was standing out my door for 15 minutes knocking on it. At that point, i was like okay, she might take him again and the police told me not let her in because as soon as I do, I am inviting it, so I didn't let her in. Again he was also crying cause she was screaming at the door. I also have this on recording as I put it beside the door..she left after awhile. Again, not her night.

        Hopefully you can start seeing the instability she provides...or am i out to lunch here. I assume this matters to the well being of a child. I know she loves him, but this is ridiculous.

        Hence the, she wants this now, what's going to happen next month when she's stressed...abandon him again? He deserves this?

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        • #19
          it sounds like your ex was in no position mentally to sign any kind of order.

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          • #20
            Hence we need to go to special chambers to dispute out evidence and history.

            On a surface level, yes if this was a one time thing. But she knew what she was getting into, she just didn't think it would stick hence the text 2 hours later after she got her money that, hey btw I changed my mind, I actually just wanted to continue with shared parenting.

            This goes on back for years. All documented.
            1. Not picking him up because she's has plans, and does it last minute. (texts and emails)
            2. Flipping back and forth on our schedule. (texts and emails)
            3. Verbally abusive to him.( Audio recording)
            4. Not abiding by schedule and just forcibly taking him when it's not her time. (police report)

            so no, she isn't a victim but she plays it quite well, it's gotten her very far, she is manipulative. I was with her.




            Originally posted by standing on the sidelines View Post
            it sounds like your ex was in no position mentally to sign any kind of order.

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            • #21
              You called it correctly. She stated in her affidavit that she was coerced and deceived into it. Judge basically said those are serious allegations and either party will be subject to consequence if one is lying and he is putting this straight into trial.

              The funny kicker, she provided no evidence in her affidavit but she did write on the evidence area, I do want to include the banter between myself and Respondent. I would like to move forward with this change for the best interests of our son.

              Oh wait, that's cause you actually proposed me the offer....

              She asked to change the order in the interim and he basically said no, and told me to give her generous access in the meantime. What does that mean? Like 50 50?

              Anyways, this is great news for me as we have a pile of evidence that will contradict her affidavit. Emails and texts. I record everything.


              Originally posted by Links17 View Post
              Never married or cohabited (or are you from Qc?)

              If she is asking a change in custody she needs to show a change in circumstances.

              If she tries to throw out the agreement:
              -she can rely on lack of ILA
              -she can complain about being in a stressful situation.

              I think you should at least argue that for the interim nothing should change as the kid is settled and she can't even offer him stability anyways and it should go to a full hearing but at that point the agreement she made will kill her.

              I don't think she realized how much money is attached to children.... maybe doesn't have a lot of divorced friends.

              Give her lots of access.

              (btw i am just a troll on the internet so what i say is meaningless...)

              Comment


              • #22
                Good Luck, give her generous access.... if she is as unstable as you say she will choke on it. Hopefully she doesn't, I really think its important if both parents are healthy that children don't lose the relationship with either one. Divorce shouldn't mean a child loses a relationship with a parent....

                Power Corrupts, absolute power corrupts absolutely, don't abuse your power.
                Last edited by Links17; 10-08-2014, 10:37 AM.

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                • #23
                  I concur, I strongly believe the role of each parent in a child's life. However, at this time, she is not in the position to healthfully contribute but I will give her generous access. The priority now is stability which the other parent is not providing.

                  The number priority is the child best's interest. And yes, parents tend to think parent's best interest is child's which differs from the other parent...and that is the source of all conflict.

                  Originally posted by Links17 View Post
                  Good Luck, give her generous access.... if she is as unstable as you say she will choke on it. Hopefully she doesn't, I really think its important if both parents are healthy that children don't lose the relationship with either one. Divorce shouldn't mean a child loses a relationship with a parent....

                  Power Corrupts, absolute power corrupts absolutely, don't abuse your power.

                  Comment


                  • #24
                    Originally posted by FirstTimer View Post
                    I concur, I strongly believe the role of each parent in a child's life. However, at this time, she is not in the position to healthfully contribute but I will give her generous access. The priority now is stability which the other parent is not providing.

                    The number priority is the child best's interest. And yes, parents tend to think parent's best interest is child's which differs from the other parent...and that is the source of all conflict.
                    I hope judges think like you guys.

                    Comment

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