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  • Case Conference w/ Temporary order

    About a month and a half ago my gf and I got approved for a mortgage and we found a house in our budget for the size of our family which totals 3 kids with one on the way. It is about 75KM away from where I am living now as I had to move further out due to the cost of housing where I am.

    Now I have a past order from 2008 that my ex and I settled on in mediation. I agreed to settle for joint custody with her and have equal visitation. Big mistake as she didn't even go a week without completely disregarding the order we made. Sometimes she goes weeks to months without contact with him.

    As soon as my ex found out about the house she filed a motion to change (which I found out about because I tried to file one also but thats a different story). When she served me I served her right back with a reply. I went down to the court house to file my affidavit of service and I also file a motion without notice and I asked for an expedited case conference as I was going to be moving in two months. That got declined on the grounds that there were no available dates before my first appearance but I would be allowed to go before a Judge on my first appearance.

    Well I had my first appearance yesterday and low and behold I am not allowed to go before a Judge to ask for a temporary order to allow me to move with my son who is in my full care 99% of the time and set out an access schedule with his mom. What they did do is schedule a case conference basically 13 days away.

    Now this is where I am confused as I have gotten multiple different answers. I need the Judge to be able to grant a Temporary Order at my first case conference as my moving day is 10 days after that. How do I go about doing this? Can I just put it in my 17a Case brief or do I have to go about it some other way?

    Also and I am really sorry this is so winded guys/girls I am just very stressed, How bad does it look on me to move away with him anyways? I mean she has never followed a damn thing in our court order anyways why all of a sudden am I obligated to or I look like I've been in contempt. Hasn't she been in contempt the past 3 years. Grrrrrrrr. Anyways people please help I need some advice and help more then I ever have in my life. Thanks in advance to those that reply.

  • #2
    You did give her notice that you intended on moving right? Anyway...

    Originally posted by viper56power View Post
    How bad does it look on me to move away with him anyways?
    It will look very bad, especially considering the pending court case.


    I mean she has never followed a damn thing in our court order anyways why all of a sudden am I obligated to or I look like I've been in contempt.
    The simple reason to follow the order is because it exists.

    Hasn't she been in contempt the past 3 years.
    It is not contempt to not exercise parenting time. It is stupid and only morons don't exercise their parenting time. But she is entitled to it per the order. You can unilaterally make a change that would affect her parenting time/ability to exercise her parenting time.

    My suggestions to you are:

    1. breathe.

    2. bring whatever documentation you have of the other parents parenting time to prove they haven't exercised their previously court ordered time to begin with.

    3. Don't move until this is settled. The courts don't like it when Parent A messes with Parent B's time, or their ability to exercise that time.

    4. Sit down and figure out what concessions you are willing to make to be able to move with the child. Will you do 100% of the driving so as not to create a financial burden on your ex? If you ex is now unable to exercise their regular time, will you compensate them with extra time in the summer or march break etc?

    5. Determine if your move has extra bonuses for the child like closer to extended family, better schools and access to activities etc.

    Your arguments on why this is the best interests of the child and how you are going to facilitate your ex's parenting time are going to be paramount.

    Comment


    • #3
      Thanks HammerDad for your reply. There are definitally benefits of me moving. We will be moving from a low income houseing complex to a middle class neighbourhood with good school scores as per some site (can't remember the sites name now). I did sit down and write her a 60 day notice as to my intentions of moving and outlined an access schedule with her and I offered to drive him to and from her residence.

      Do you know if the Judge can grant a temporary order for me to move if he/she sees fit. And will it help if the Judge can clearly see that my ex has not been exercising her parenting time since our break up and since the last court order from 2008.

      If the judge will hear my plea for a temporary order at the case conference do I need to fill out any other forms other then the 17a case conference brief?

      Comment


      • #4
        Originally posted by viper56power View Post
        Do you know if the Judge can grant a temporary order for me to move if he/she sees fit.
        They may. There are no guarantees in law though.


        And will it help if the Judge can clearly see that my ex has not been exercising her parenting time since our break up and since the last court order from 2008.
        It wouldn't hurt.

        If you can prove that your move won't adversly affect the ex, as they haven't been exercising their ordered parenting time to begin with, sure puts a damper their arguments that your move won't allow them to be around the kids as they were before.

        If the judge will hear my plea for a temporary order at the case conference do I need to fill out any other forms other then the 17a case conference brief?
        I have no idea. I would speak to the Family Law Information Centre to figure this out.

        Comment


        • #5
          Thanks again HammerDad. Hopefully someone else knows the answer to my last question as I have already missed to much work going back and forth to the court house the past couple months.

          Comment


          • #6
            Originally posted by viper56power View Post
            Thanks again HammerDad. Hopefully someone else knows the answer to my last question as I have already missed to much work going back and forth to the court house the past couple months.
            In the case conference brief forms you will see a place to write the orders you want made at the conference. Fill this in with the orders you want, and ensure the brief has your reasoning for it (not an essay, just stick to the facts). Case conferences are not a place to hear a full on motion, and the justice will be loath to arbitrate a dispute of this nature in great depth. But to get a temporary order you should be prepared to make the concessions needed so that the justice will see you as reasonable and willing to compromise and therefore encourage an agreement they can endorse an temp order for.

            FG

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            • #7
              Awesome I will fill out the forms to the best of my ability and see how it goes. I'll let you know the outcome.

              Comment


              • #8
                Originally posted by fieldgrey View Post
                you should be prepared to make the concessions needed
                IMHO...
                The above is KEY!

                If you have valid rasons to move, and the circumstances are as you indicate (meaning you can PROVE it should she disagree), no Judge will limit your mobility for the betterment of the child(s).

                Basically, if you're taking a better job, or going back to school, or something that will improve your circumstance. Well - your lifestyle will improve, and as a result - so will the child(s). That is a perfectly acceptable full-time Custodial parents' arguement to make.

                If you have a 50/50 access regiment, the court won't be too receptive to you removing the child from that arrangement either. You also need to factor in how far away the move is. How much of a hardship does it become to exercise access?

                Comment


                • #9
                  Originally posted by wretchedotis View Post
                  If you have a 50/50 access regiment, the court won't be too receptive to you removing the child from that arrangement either. You also need to factor in how far away the move is. How much of a hardship does it become to exercise access?
                  We have a 50/50 access agreement that has never been followed. I literally have him 95-99% of the time. Im responsible for all everyday things in his life like school, extra curricular activities, etc. I have been documenting since september of 2010 when she takes him and I included it in my response as evidence. That should help my case no? Is there anything else I can do to prove how little she has him?

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                  • #10
                    Another question about how to properly word my request for a temporary order.
                    Should i be asking for temporary custody for myself and access to his mom. Or should I just ask for permission to relocate and specify and access schedule for his mom. Im not sure if it matters in the wording or not. I am just trying to be as proper with the court system as possible as I know they dislike ignorance.

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                    • #11
                      I'm not sure whether it would be a good idea to start tinkering with custody issues at the same motion. You would do well to prove that you have de facto primary residence, however.

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                      • #12
                        Ya. The problem is that I am moving over 75km away 10 days after the case conference so i do not really have a choice.

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                        • #13
                          You won't get an order at a case conference unless both parties consent.

                          There are limited exceptions which have to do with legal requirements for the case. For example if one party failed to submit a financial disclosure the judge would order that, consent or not, so that the case could go forward.

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                          • #14
                            So no matter what happens if she disagree's and refuses to allow me her consent to move there is basically nothing I can do? Even if it is 100% clear she sees her child practically never.

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                            • #15
                              Originally posted by viper56power View Post
                              So no matter what happens if she disagree's and refuses to allow me her consent to move there is basically nothing I can do? Even if it is 100% clear she sees her child practically never.
                              Mess is right, most of the time orders at conferences are done on consent of both parties. This is why I suggest you need to be prepared to compromise so that the justice will encourage the other party to consent. Justices will take an activist position if it spares further aggravation to the court. Occasionally orders do get made without consent, but not predictably as conferences are not stages for argumentation like motions.

                              Remember that the case conference is 'off the record' and therefore orders have to be consent based. Otherwise a conference has to be on the record like a motion so that orders can be re-dressed in appeal by pulling in transcripts if necessary.

                              Do your best, and if you don't get it from the conference file a motion immediately after the conference. You can even let the case justice know you will pursue the motion and they might encourage the other party to consent to terms during the conference and spare the court time. If you don't get consent order you might get an endorsement of your motion at the very least.

                              FG

                              Comment

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