Read this & tell me what you think

[sassie77]

On a serious note status quo is huge in court...The sooner you file your Application the better for you..This way it states your intentions early on in the separation. And even if they are not happening a judge will see you requested this from the beginning. I would pick up the child for your access state your intentions of a overnight via email and if she refuses she cancome and pick her up. If she then begins refusing access, request and emergency motion for access. If the police are called you have emails to verify your intentions, and they cannot enforce a court order without having a paragraph indicating this in the Court Order. It seems this woman is very vindictive, I would make sure you have a paragraph requesting the police to enforce the access ongoing and/or a parenting coordinator in place. This way if you ever need to return to court the parenting coordinator will have how difficult she may be documented.

[HammerDad]

On a serious note status quo is huge in court....

You should read WorkingDad's decision. Status quo built from unreasonable actions is no longer acceptable.

[Just&Fair]

(Update)

So she filed before I did. She's asking for sole custody and she's making false claims (what's new, I guess). I feel like this is a trap, because I am able to respond to most of her claims with solid proof that they are untrue. But am I missing something?

Since then, I have been picking-up my child from daycare and overnights have started according to my schedule. This is what triggered her court application.

So the person who removed my child from home and tried to limit my access is the one filing for sole custody. Is there a message that I should be getting?

[sassie77]

Do not agree to Sole Custody...Joint Custody should be the least requested. My husband agreed to give her Sole Custody as he thought this was best because for the kids as they were 9 months and 2 years at the time, he says it's the biggest mistake of his life. He basically signed his rights away as she has full control and final say in everything. Famous quote when they are arguing is ..."I have Sole custody, I make the rules". Never agree to that...




o she filed before I did. She's asking for sole custody and she's making false claims (what's new, I guess). I feel like this is a trap, because I am able to respond to most of her claims with solid proof that they are untrue. But am I missing something?

Since then, I have been picking-up my child from daycare and overnights have started according to my schedule. This is what triggered her court application.

So the person who removed my child from home and tried to limit my access is the one filing for sole custody. Is there a message that I should be getting?[/QUOTE]

[Teenwolf]

So the person who removed my child from home and tried to limit my access is the one filing for sole custody. Is there a message that I should be getting?

I believe you already hear the message loud and clear. She's being unreasonable, wants full control, and is willing to lie in order to realize that goal.

[Tayken]

and before you go to your lawyer read this
things-you-need-know-about-parenting-plans-children-under-3-years

print article and give it to your lawyer if he/she will try to convince you opposite. or may be find another one if you still shopping for one...

WD

Someone needs to send that to all the "panel lawyers" for Family Law working for Legal Aid Ontario as well.

[Just&Fair]

I believe you already hear the message loud and clear. She's being unreasonable, wants full control, and is willing to lie in order to realize that goal.

Yeah... I can see the legal fees associated with that non-sense. At least I've started to established a new status-quo by following my work schedule to be with my child. Overnights went smoothly, even though she keeps sending me emails saying that she disagree.

Here's another question, we bought a home and both of our names is on the title. Keep in mind that we were common-law. I've paid the deposit. Is she entitled to it?

[Mess]

Both names are on the title, so she is co-owner, you agreed to that.

If she has contributed nothing at all (rare, she will claim labour and upkeep) then the fair thing to do is to value the house at purchase, and value the house now. The house has probably increased in value a bit. That increase should be split. Basically you would subtracting what you paid, subtracting the mortgage, and splitting what is left over.

At least start with this as an offer, and if she disagrees you ask for her specific reasoning as to why.