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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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  #1  
Old 12-02-2006, 08:44 PM
tycooke tycooke is offline
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Smile Family Law Court Transcripts

Can I get Family Court transcripts from the previous four court dates I have attended? If yes then how do I obtain them? Also,in two weeks Office Of The Children's Lawyer will give discovery to my Lawyer and I on custody&access of my 19 month old son. Question is how much weight will the Judge give to her report in the upcoming Settlement Conference and Trial if required?

Thanks for your replies.
Tycooke.
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Old 12-03-2006, 01:07 PM
logicalvelocity logicalvelocity is offline
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tycooke,

as you mentioned,

Quote:
Can I get Family Court transcripts from the previous four court dates I have attended? If yes then how do I obtain them?
Yes. Contact the Court Registrar where the hearings were held and request same. There will most likely a fee associated with processing same request.

Quote:
Also,in two weeks Office Of The Children's Lawyer will give discovery to my Lawyer and I on custody&access of my 19 month old son. Question is how much weight will the Judge give to her report in the upcoming Settlement Conference and Trial if required?
Most likely none. Conferences are held to allow the parties to come together and deal with procedural issues, such as the next step and disclosure etc. No significant orders dealing with custody, access and support issues would be made at a conference - reason being is that briefs are not sworn evidence.

If you require immediate relief of the issues , bring forth a motion submitting the OCL report into evidence.

lv
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Old 12-03-2006, 07:15 PM
tycooke tycooke is offline
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Smile OCL Report

One last question. Once OCL social workers report is submitted into evidence then how much influence does same have on judges final decision at trial? Mother's position is if I am given more than my current access of two days weekly for seven hours each day she will give up our son to me to bring up alone.

She has made her stance clear to social worker and judge and they both find it hard to believe. All I ask is equal time with him,being his dad I think it is only fair.

T.Cooke
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Old 12-03-2006, 08:29 PM
logicalvelocity logicalvelocity is offline
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tycooke,

as you mentioned,

Quote:
She has made her stance clear to social worker and judge and they both find it hard to believe. All I ask is equal time with him,being his dad I think it is only fair.
Incidents and custody and access are determined by applying the best interest test. One parent has no right to dictate the terms of the child's access over the other parent.

A meaningful relationship with BOTH parent's is the child's right. Have you considered asking for sole custody and reasonable access to the other parent?

lv
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Old 12-03-2006, 09:03 PM
tycooke tycooke is offline
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Smile Access To Child

I have asked the court and OCL for equal time with our son [3 days weekly including overnights]. I live alone and I am only a ten minute drive from ex.
Ex has 3 kids from previous marriage and her house is very unstable along with her mood swings. Of course my son is in the middle. I worry about him very much. I never intended to take my son from his mother but it appears now to be the best solution for the long term stability of this little boy. It does appear that the OCL worker is also thinking same. I have to keep up the good fight for my sons future and well being.

T.Cooke
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