Response to Motion to Change

[representingself]

I filed and served a Motion to Change.

On the 30th day I was served with a "Response to Motion to Change".

Within the 'Response', my ex has made a counter claim.

Our first court appearance is in 3 weeks.

Do I now file a "Reply" to his counter claim?

Does the 10 day rule apply?

[frustrated11]

you can file another affidavit, disputing his claims and with any documentation (exhibits),

I served mine 4 days before my case conference

[representingself]

He is claiming that I am to have "exclusive" access... which transulates into he doesn't want any.

He is also claiming that because he doesn't see her, that he shouldn't have to pay child support......ever.

How do I respond to that?

[wretchedotis]

He is claiming that I am to have "exclusive" access... which transulates into he doesn't want any.

He is also claiming that because he doesn't see her, that he shouldn't have to pay child support......ever.

How do I respond to that?

I can't aswerfrom a legal point of view... but if he's such an ass to want to completely walk away - I would be tempted to let him. I don't think "access" has any bearing on child support. Walking away doesn't make him any less his responsable for his financial obligations.

[first timer]

Agreed, no access even by choice does not equate to no child support. No more than a parent can withhold access if child support is being withheld.

[Stargate]

He is claiming that I am to have "exclusive" access... which transulates into he doesn't want any.

He is also claiming that because he doesn't see her, that he shouldn't have to pay child support......ever.

How do I respond to that?

Legally,

1) If he doesn't want access any further there is nothing you can do to force him - access is always optional.

2) He still has to pay child support - he is and will be on the hook for that.

[first timer]

Family Law Act

Purposes of order for support of child
<!-- TRANSIT - HYPERLINK --><!-- .droit de la famille (Loi sur le), L.R.O. 1990, chap. F.3. -->(7) An order for the support of a child should,
(a) recognize that each parent has an obligation to provide support for the child;
(b) apportion the obligation according to the child support guidelines. R.S.O. 1990, c. F.3, s. 33 (7); 1997, c. 20, s. 3 (1).

[Edward]

He is claiming that I am to have "exclusive" access... which transulates into he doesn't want any.

He is also claiming that because he doesn't see her, that he shouldn't have to pay child support......ever.

How do I respond to that?

If I remember correctly, you dropped recroactive CS against him?

How evil is this man? I do feel sorry for your kids



BTW he will have to pay CS don't worry

[representingself]

Yes... he promised me that if I dropped the retroactive claim that he would reunite with our child and finally be a part of her life.

We even celebrated with her

Then I get served with paperwork that says he doesn't want access, or to pay any child support.... ever.

I was duped!

But I am not going to 'fly off the handle' and keep acting behaving as I was. Being angry and resentful and trying to hurt him in return, was doing me no good.

I am trying VERY HARD to remain calm... I had hoped that one day, he would finally at least try to have some type of relationship with her... but as hard as it is for me to wrap my head around it... he really doesn't want anything to do with her.

It hurts, and I feel so sad.... and I have no idea what t say to her... I just look to my family, friends and the Lord to help me through this.

I have learned alot about Family Law in this country, and if I can help anyone with this knowledge, then I will.

[Edward]

You do as you wish but leaving his child out of his life is painful for you and the kid and if I was in your shoes I would file for retroactive CS as well.
You need to learn how to protect your child emotionally now. She will always wonder why her father doesn't want to be in her life. There is no perfect answer that I know of but she has YOU and you may need to talk to a counsellor or someone.

It is different and not uncommon that a father leaves the family and never shows up again but he being right there and refusing the child is so hard to accept. I don't even know you but I feel like crying.

Just stay strong and have trust in God

[singledad99]

My ex too says that she does not have any responsibility towards our son. Instead she wants her spousal support increased. She says she does not want to look for the job because she does not have to.

The judges seem to agree with her.

In your case though, definitely, you will get the child support retroactively. If he does not want access then the judge might even order higher than table amount just to punish him more.

If I were you, I would offer to withdraw the child support claim in exchange for sign off on his parental rights. Your daughter will learn to love your new husband as her father and you will be more relaxed that you won't have to deal with your ex ever again. (I think you already said that you wanted this in one of your other posts, didn't you?)

[Stargate]

Yes... he promised me that if I dropped the retroactive claim that he would reunite with our child and finally be a part of her life.

We even celebrated with her

Then I get served with paperwork that says he doesn't want access, or to pay any child support.... ever.

I was duped!

But I am not going to 'fly off the handle' and keep acting behaving as I was. Being angry and resentful and trying to hurt him in return, was doing me no good.

I am trying VERY HARD to remain calm... I had hoped that one day, he would finally at least try to have some type of relationship with her... but as hard as it is for me to wrap my head around it... he really doesn't want anything to do with her.

It hurts, and I feel so sad.... and I have no idea what t say to her... I just look to my family, friends and the Lord to help me through this.

I have learned alot about Family Law in this country, and if I can help anyone with this knowledge, then I will.

Kids are by far the biggest victims of divorce. They feel the pain but can't understand that the firmament of their lives has been forever altered.

Thankfully kids are also very resilient and they do brush it off and carry on with their lives mostly unaffected by the trauma.