Temporary Order and Transcripts don't match.

[Rhonda&Kids]

I've found written proof in the motion transcripts that there is an error in how our access schedule is written in a temporary order. Because the father was obstructing mid week access and communication from the mother, the mother asked judge to order mid week access and daily communication to the kids 4 and 6. Judge bellowed out "1 hour visit Wed. 6-7". Mothers lawyer stated in transcripts how is this to take place when father won't allow mother onto the matramonial property (he's being a dick). The father piped up and said "she can pick the kids up from school". Judge had no problem with that.

Who types out these orders? Whom ever wrote it out in the temporary order provided the minimum and only wrote "1 hour visit Wed. 6-7".

The father won't allow me to pick up the kids from school making this mid week visit access in his eyes "too long".

Is this considered enough "material change" to go back and have the access schedule and temporary order reviewed and changed by a judge?

[Mess]

You have written proof, remind the father of that, pick the kids up at school, and if he doesn't like it, let him take you to court.

[billiechic]

I believe the lawyers write up the orders. My temporary order was the same, it missed some crutial details that my ex said didn't count since they weren't in the order. I told him I would get the transcript to prove the judge had said to do exactly what I was doing, and he backed off.

Do you have custody? How can he stop you from picking up the kids from school?

[Rhonda&Kids]

Changing Access Schedule

All the lawyers I have talked to have said I will not be able to change the 50/50 temporary access schedule because it has been like this since July 13, 2009. Since October 19 I have been delayed by OCL filing and response time, Christmas and my own lawyer dicking me around eventually dumping me and taking an extended medical leave. One thing after another (out of my control). That has inevitably lead to an "unfair" status quo, not in the best interest of the children.

I want to change the schedule to primary residence with me (I live 1.5 km from their school- he lives 50km away).

Should I persue this self represented because no lawyer has agreed with me. I feel strongly that it only "makes sense". We cannot agree on anything. Its high conflict and a real ugly mess where he has total control.

I could persue the advice you guys gave me, but should I try and get in and change it to how I actually want it and that is a primary residence with me. It show's his inablity to cooperate and stay to his word. His lawyer drafted this and it shows her slanted interpretation of the order.

I wish someone would agree with me.

[dadtotheend]

What is the status of the OCL involvement? Have they agreed to take your case? If so, you are most likely going to be bound by thier recommendations.

Are your kids school age? 50kms is a long way to go to school.

[Rhonda&Kids]

The OCL said no to getting involved. The father filed 4 weeks late and when they got his app they said no.
The kids are 4 and 6. Yes 50 KM is far and a 45 minute commute. Not in the best interest. Why can't lawyers agree with me.
Instead of keeping the mid week visit that the father is not allowing as he agreed to in the transcripts, I'm trying to vary the 50/50 to:
Dad: Thurs to Mon
Mom: Mon to Thur
Dad: Thur to Fri
Mom: Fri to Thur
Primary residence with me. Do you think I can do it after 9 months of it being 50/50. I've read so much about the best interest of the child. Its so frustrating that this last 7 month day was not in my control whatso ever. I just sat here pushing to go back to court, but my lawyer took her sweet time then dumped me.
In my next motion can I reference court cases in my affidavidt where there have been precents set or is that only for a trial.
When does a Temporary order become Final.

Unbeleivable.

[Rhonda&Kids]

He has to bring the youngest to the school because he is not in school yet. He starts 1/2 day jK this september so I want to get things settled before that happens and work my schedule around it.

[dadtotheend]

My ex tried that tactic and didn't submit her OCL intake forms at all, then lied about it. The OCL declined to take the case as a result. In hindsight it was clear that she did this because she knew the OCL would not be good for her.

I had to go back to court to get another order for OCL involvement whereupon she was more or less forced to complete her intake forms or risk looking really bad to the court. The OCL agreed to take the case.

[Mess]

When I was in school, the rural school was a few miles away, I was unfortunately at the start of the route and the trip to school was close to an hour.

Currently my ex lives about 2 miles from me and the school is south of us, roughly in the middle. She takes our 5 year old in by a streetcar and a bus with a wait in between. It's a short distance but big city morning rush hour and transit, it is over half an hour.

Which is to say, 45 minutes isn't great, but it's not something you should sue him over.

I hope this isn't the only reason you have for wanting to go to court. The children are going to want to be with you both, that is what's in their best interests. If you want to trump that, have a list of specific, objective issues that make it in their best interest to have one household.

Primary residence doesn't mean much in the legal sense, it just means mostly the mailing address on file for their health cards and school registration. Having that legalized is worth it, you will never have to worry about him trying to move them to a school that's 50km closer to him and farther from you. But it really has very little other impact, it won't change the access schedule.