Ottawa Divorce .com Forums


User CP

New posts

Advertising

  Ottawa Divorce .com Forums > Main Category > Divorce & Family Law

Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

Reply
 
Thread Tools
  #1  
Old 11-13-2019, 11:06 AM
Janus's Avatar
Janus Janus is offline
Senior Member
 
Join Date: Jul 2012
Posts: 2,730
Janus will become famous soon enoughJanus will become famous soon enough
Default How is school time allotted when determining 40% threshold

We often discuss in the forum what counts as "time" with regards to the 40% threshold. I recently read a very complete look at the subject:

https://www.canlii.org/en/on/onsc/do...9onsc6060.html

Summary: Because the agreement was voluntary, the judge looked at the intent of the parties. Since the intent was shared custody, he assigned the school time to both parties.

However: Judge did point out reasons as to why one parent might be credited with the school time over the other.
Reply With Quote
  #2  
Old 11-16-2019, 06:10 AM
Tayken's Avatar
Tayken Tayken is offline
Senior Member
 
Join Date: May 2011
Posts: 7,462
Tayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant future
Default

Very interesting. The judge relied on case law that is inter-jurisdictional. Nice. I wish they did this more often.

This judge is very well-read when it comes to case law. Even cited Czutrin. Looking forward to reading more case law from this judge!
Reply With Quote
  #3  
Old 11-17-2019, 09:02 PM
Mother Mother is offline
Senior Member
 
Join Date: Feb 2013
Location: GTA, ON
Posts: 605
Mother is an unknown quantity at this point
Default

How can this judge preside over family matters if he never practiced family law in his 31 year carrier?

https://www.therecord.com/news-story...tchener-judge/

"Broad, 58, has been practising law for 31 years. Hes been with the Siskinds law firm in London since 2002.
He focused on resolving commercial and business disputes. He also practiced municipal and administrative law, construction law and alternative dispute resolution."


Also never heard of a decent family law judge up North way. All of them for some reason are out west (Hamilton, Kitchener).
Reply With Quote
  #4  
Old 11-18-2019, 02:06 PM
iona6656 iona6656 is offline
Senior Member
 
Join Date: Jun 2018
Posts: 997
iona6656 is on a distinguished road
Default

wow. I just noticed who the Judge is...he was a good friend and colleague when I practiced in London, ON.

We worked on many files together. He is exceptionally smart, measured, and practical in his arguments. The family courts are lucky to have him.
Reply With Quote
  #5  
Old 12-29-2021, 02:47 PM
416excouple 416excouple is offline
Junior Member
 
Join Date: Dec 2021
Posts: 28
416excouple is on a distinguished road
Default

Quote:
Originally Posted by Tayken View Post
Very interesting. The judge relied on case law that is inter-jurisdictional. Nice. I wish they did this more often.

This judge is very well-read when it comes to case law. Even cited Czutrin. Looking forward to reading more case law from this judge!
Is it better for litigants to consider to use only jurisdictional case laws?
Reply With Quote
  #6  
Old 12-29-2021, 04:26 PM
Brampton33 Brampton33 is offline
Senior Member
 
Join Date: Feb 2021
Posts: 295
Brampton33 is on a distinguished road
Default

Quote:
Originally Posted by Janus View Post
We often discuss in the forum what counts as "time" with regards to the 40% threshold. I recently read a very complete look at the subject:

https://www.canlii.org/en/on/onsc/do...9onsc6060.html
Is it me or do I notice a repeat pattern when I read MTC's? Mother and Father separate when child(ren) are very young. They go through court process and enter into agreement on consent for 50/50 parenting which gets turned into court order.

Years go by and then bam, the Mother (who seems to always be the Applicant) seeks to claw back away from the 50/50 parenting schedule (below the 40% threshold) whereby the outcome would see Father lose time with kids and is thrown back into a Table CS situation. So basically enjoy your 50/50 parenting until your ex tries to take a 2nd or 3rd kick at the can? Is that how it works?
Reply With Quote
  #7  
Old 12-30-2021, 07:36 PM
pinkHouses pinkHouses is offline
Senior Member
 
Join Date: Sep 2018
Posts: 525
pinkHouses has a little shameless behaviour in the past
Default

Quote:
Originally Posted by Brampton33 View Post
Is it me or do I notice a repeat pattern when I read MTC's? Mother and Father separate when child(ren) are very young. They go through court process and enter into agreement on consent for 50/50 parenting which gets turned into court order.

Years go by and then bam, the Mother (who seems to always be the Applicant) seeks to claw back away from the 50/50 parenting schedule (below the 40% threshold) whereby the outcome would see Father lose time with kids and is thrown back into a Table CS situation. So basically enjoy your 50/50 parenting until your ex tries to take a 2nd or 3rd kick at the can? Is that how it works?
What happened here was that the father dropped the kids off at the mothers before school and picked them up from the mothers after school so she claimed she got the school hours.

The judge said so what? Both parents interacted with the school for the care of their children and should both be credited with the hours because their original agreement targeted 50/50.

The applicant tried tried to break the spirit of the original deal and the judge was not having it.

Did I read it right that it took 3 years for this to make it through to trial?
Does it matter if I keep my receipts for items for the kids?
Reply With Quote
  #8  
Old 12-31-2021, 12:03 PM
Tayken's Avatar
Tayken Tayken is offline
Senior Member
 
Join Date: May 2011
Posts: 7,462
Tayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant future
Default

Quote:
Originally Posted by Brampton33 View Post
Is it me or do I notice a repeat pattern when I read MTC's? Mother and Father separate when child(ren) are very young. They go through court process and enter into agreement on consent for 50/50 parenting which gets turned into court order.

Years go by and then bam, the Mother (who seems to always be the Applicant) seeks to claw back away from the 50/50 parenting schedule (below the 40% threshold) whereby the outcome would see Father lose time with kids and is thrown back into a Table CS situation. So basically enjoy your 50/50 parenting until your ex tries to take a 2nd or 3rd kick at the can? Is that how it works?
Have you considered that you may have a form of PTSD from your recent family law experience. Overturning a order made on consent requires a material change in circumstance. 99.99% of these agreements never see court or a challenge ever again. You have a better chance of winning the lotto than seeing court again...

You are not going back to court.
You are the parent to your children.
You are a good parent.
The other parent has a HUGE mountain to climb to even disrupt your agreement made on consent and is now a final order.

Your anxiety is not necessary. Keep saying those things to yourself every time you start to worry about losing your joint residency and joint custody. Your fears are easy for learned contributors to see in your responses Brampton33.

Cognitive Behavior Therapy (CBT) would probably be great for you. You are a logical thinker.

Last edited by Tayken; 12-31-2021 at 12:06 PM.
Reply With Quote
  #9  
Old 12-31-2021, 12:59 PM
pinkHouses pinkHouses is offline
Senior Member
 
Join Date: Sep 2018
Posts: 525
pinkHouses has a little shameless behaviour in the past
Default

I agree with Tayken very very much. Exercise helps tremendously too and in some cases medical is needed.

"Your anxiety is not necessary" but it sure seems like it is when you are in it.
Reply With Quote
Reply


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On


Similar Threads
Thread Thread Starter Forum Replies Last Post
University Education Cost Limitations cigar7 Financial Issues 22 09-23-2011 07:32 PM
child alienation---please your help brokendad Parenting Issues 16 07-02-2011 11:57 PM
Access issue++++ Wiser2008 Parenting Issues 2 06-25-2009 09:12 AM
School not providing me with information Wendel Parenting Issues 6 04-20-2009 03:41 PM
Update on my CS issues coffeeman690 Divorce & Family Law 7 09-04-2008 07:04 PM


All times are GMT -4. The time now is 07:45 AM.