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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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Old 03-02-2011, 12:39 PM
CycleDad CycleDad is offline
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Default Need help writing a motion to change

Hi All,

I need some advice.

I’m about to fill out form 15 “Motion to Change”. It is to change a previous final order because of a change in circumstance. I was told that the other side will have 30 days to respond and then I would be able to setup a case conference. Can I setup a case conference right away for 30+ days in the future? Or do I have to wait for their response?

The main issue is that the children are in school now and need to be prepared and ready early in the morning and therefore I need to change one of days of the week from a evening to an overnight since the evening thing is not working and the kids are not getting the sleep they need, good breakfast etc. The ex says to bring them over to her earlier but I only have 4 hours with them and 1.5 hours are used up in transportation. That is not even enough time for dinner and homework. She also want to to just give up the evening altogether.

I was told that if the judge accepts the change in circumstances as valid that he/she will consider the whole time sharing arrangement and not just that one day. Is this true?
If it is true I would like to add a request to change the time share to a 50/50 split (currently it’s 39.5/60.5) as well as splitting up the Christmas break evenly.

Can I write this in application style? i.e I would like motion 1, or alternatively motion 2 and I would like motion 3 or alternatively motion 4.
Or should I concentrate on just changing the one evening and the Christmas break? And not put in alternatives and secondary requests?

Thanks.
CD.
  #2  
Old 03-02-2011, 01:37 PM
representingself representingself is offline
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You file your Motion to Change and Financial Disclosure...
Court Clerk will schedule a First Appearance...
First Appearance is usually 45 to 60 days from the date when you filed.
Responding party has 30 days to file a response...
At the First Appearance, you request a Case Conference.
Case Conference is scheduled usually 2 to 3 months away.
A Judge cannot make a final ruling at a Case Conference, so unless the parties agree, you will have to proceed to a Motion... (another 2 to 3 months away)...
You cannot skip over the CC....

What is the "change in circumstances"... and how is you having them overnight, going to benefit the children?

How old is your current agreeement? Why did you agree to this schedule if it was not feasable?

Are your motives financial? Are you trying to get to that 40% so you can reduce your child support payments?

You ask for precisely what you want...
NOT "Can I have this, and if not how about this? And if not than what about this"?
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Old 03-02-2011, 01:40 PM
representingself representingself is offline
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You answered one of my questions in your other almost identical post:

http://www.ottawadivorce.com/forum/f...vice-too-8614/

I see that this is financially motivated...
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Old 03-02-2011, 02:58 PM
CycleDad CycleDad is offline
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Hi self representing,

I disagree that this is finacially motivated. Feeding and support our children when they are with me is a factor but regardless I would bring this motion forward regardless. Ever since the ex moved to the neighboring city, this eveing access has been problematic and a source of conflict for the parents. Ever since the kids started school, they have suffered as well because of it. Seems to me the best solution would be to turn it into an overnight.

I would get no finacial benifit going for 50% since 40% is considered the same. Yet I feel 50% is best for our children.
E
ven though I know that over the whole year I have the kids more that 40% I have been paying child support even before the application was made. Just not at the level the ex wanted.
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Old 03-02-2011, 03:38 PM
BitHunter BitHunter is offline
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going from 39.5 to 40.5% maybe financially motivated, but it is a fair financial motivation. Having the children 39.5% of the time can have significant costs, with a few hour more he can have the fair financial relief.
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Old 03-02-2011, 04:11 PM
billiechic billiechic is offline
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Quote:
Originally Posted by rszalai View Post
going from 39.5 to 40.5% maybe financially motivated, but it is a fair financial motivation. Having the children 39.5% of the time can have significant costs, with a few hour more he can have the fair financial relief.

I agree.

However I think it is best if he focuses on changing the schedule first. If he manages to get the change and exceeds 40% then he has the right to change the CS to the offset method. He would only need to fight for that if the payments are automatically through FRO or if the order states an exact amount.
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Old 03-02-2011, 04:28 PM
CycleDad CycleDad is offline
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I agree too.
Should I focus on changing the whole access to 50% schedule or just on changing that problematic day?

Reason I ask is that I seem to recall reading somewhere that any change in access requires that the judge look at and consider the whole access schedule. Although I cannot find that reference anymore.
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Old 03-02-2011, 04:40 PM
BitHunter BitHunter is offline
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I would say just to change that problematic day. There is a very clear and strong reason to do that, while there is not much material reason behind changing to more access. (just loving your child is not a valid reason for this f*cked up system)
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Old 03-02-2011, 05:02 PM
CycleDad CycleDad is offline
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Quote:
Originally Posted by rszalai View Post
I would say just to change that problematic day. There is a very clear and strong reason to do that, while there is not much material reason behind changing to more access. (just loving your child is not a valid reason for this f*cked up system)

Yes that is true. but sad isn't it?
  #10  
Old 03-03-2011, 11:06 AM
CycleDad CycleDad is offline
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Can anyone verify that if there is a change in circumstance that affects access does the judge make a new access scedule rather than tweaking the old one?
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