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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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  #91  
Old 11-19-2015, 07:51 PM
ninehundredt ninehundredt is offline
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Quote:
Originally Posted by arabian View Post
The longer your dispute continues the more money the lawyers make - simple really.

Going to motion doesn't eliminate settlement. If anything I think it does the opposite and encourages settlement. A rational individual would soon learn that it is much better to make decisions than let the court do it for you.

You let us know how well your CC goes and if you get any Orders on consent out of it (with specific consequences - financial or otherwise should parties not adhere to order). I'll wager a bet you may get an Order out of it but that it is unenforceable.
Hmm...I had not considered that the courts could do that (adding special consequences). Let's see if anyone else chimes in on the subject.
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  #92  
Old 11-19-2015, 09:20 PM
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It's almost impossible to do anything without a case conference first in Ontario. I had to do one again for my travel consent


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  #93  
Old 11-19-2015, 09:44 PM
Links17 Links17 is offline
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In Québec you would have been in front of a judge within 7 days to restore your access.

You need to file a motion for sole custody. When it is proved she was keeping the kids away from you for no reason it will be proof that can she not be allowed to have even shared custody..

She should have supervised visits.
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  #94  
Old 11-19-2015, 09:50 PM
ninehundredt ninehundredt is offline
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Originally Posted by Links17 View Post
In Québec you would have been in front of a judge within 7 days to restore your access.

You need to file a motion for sole custody. When it is proved she was keeping the kids away from you for no reason it will be proof that can she not be allowed to have even shared custody..

She should have supervised visits.
My motion to restore access includes a challenge to the custody arrangement. My lawyer claims that no judge will change it at this point, but I want the intention to be clear. If she isn't going to be a responsible adult and co-parent, then she should not be the primary custodian.

Dadx5 mentioned that it took him quite some time (possibly several years?) and many contempts for sole to be granted to him.

So Quebec's family court operates a bit differently compared to Ontario? Can you elaborate a bit on that?
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  #95  
Old 11-19-2015, 09:57 PM
Links17 Links17 is offline
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Your lawyer sounds like an idiot...

In Quebec when you file an emergency motion you are in front of a judge for a 15min hearing or more if needed where the judge can order whenever that want until a full trial happens (in your case would include contempt and a change in custody)
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  #96  
Old 11-19-2015, 10:25 PM
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LovingFather32 LovingFather32 is offline
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Quote:
Originally Posted by Links17 View Post
In Québec you would have been in front of a judge within 7 days to restore your access.

You need to file a motion for sole custody. When it is proved she was keeping the kids away from you for no reason it will be proof that can she not be allowed to have even shared custody..

She should have supervised visits.
I wish there was a "like" button here. She's the one who needs supervised .. Link's is on the money here.

This guy hasn't seen his kids in months. Sickening.
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  #97  
Old 11-19-2015, 10:36 PM
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arabian arabian is offline
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Quote:
Originally Posted by Links17 View Post
Your lawyer sounds like an idiot...

In Quebec when you file an emergency motion you are in front of a judge for a 15min hearing or more if needed where the judge can order whenever that want until a full trial happens (in your case would include contempt and a change in custody)

Same in Alberta. An Interim Order is made. I believe the Ontario Rules of Court provide for the same thing with the only condition being that at least one case conference has to have been conducted on the matter. This is why it is so very important that these "endorsements" are dealt with quickly by having them turned into motions. The process is there but I believe the lawyer is not taking advantage of it.

Of course your option would be to wait till trial. That could be years down the road though at the rate this is progressing.
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  #98  
Old 11-19-2015, 10:55 PM
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I think it's more the wait times...short motions are very easy to get. Anything over an hour is 7-9 months depending on where you live


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  #99  
Old 11-25-2015, 06:58 PM
ninehundredt ninehundredt is offline
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Attended the case conference today. The judge reviewed the content from both sides and heard verbal arguments as well. He was extremely irritated at my ex’s behavior in regards to violating the previous access order, as well as the inconsistencies of her affidavits. He mentioned that she should consider this her last chance at cooperating, and that if she does not, the courts will relieve her of custody. This had be convinced that regular access would be restored again, but that didn’t happen.

Even though no evidence backing up the allegations of abuse was presented, the judge decided it would be in the best interest of the children to graduate the re-introduction of access with me due to the 5 month gap. He stated that he would vary the access again after reviewing the findings from an OCL investigation. I believe he came to this judgment based on the children’s ages more than anything, but it’s disappointing nonetheless.

My ex must now initiate exchanges with the access centre (again) so I may have access every Sunday from 10am to 4pm for the time being. Based on the time it takes to schedule and process the intakes at the access centre, I have low expectations for access occurring before the end of December. In addition, if OCL decides to take on the case, it is unlikely that they will be done with the investigation before the end of February.

Although I agree with some of the judges points, I still feel like my ex has been rewarded despite her history of non-cooperation and bad behavior. With any luck access will actually get resumed this time, and after a couple of months I can go back to my normal routine with the kids....but it's really anyone's guess.
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  #100  
Old 11-25-2015, 07:08 PM
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Did you get a written endorsement today?
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