Battle for shared 50/50 custody

[mafia007]

In a week will be our first motion to break that temporary full custody that was settled to my STBX.

It's a long expensive battle but at least, my criminal charge is now in the past (look at my two previous threads).

I have been through the affidavit submitted by my ex partner last week while I was still dealing with the other matter at Court. Since the other matter is over, I spend the whole weekend writing my own affidavit. Hers is similar to what she was telling in her application. Again and again the false allegations of violence and abuse. bla bla bla. But this time , I decided to respond very briefly to her allegations swearing that it never happened. If she stands up on that, she has to get evidence otherwise we move on.

On my side, I am presenting something showing that I am ready to move forward and leave the past behind. I am ready to show that I have a plan for my kids by proposing a well written Parental Plan. One that will include both roles each parent must play. I also have a good progressive access plan as I haven't seen my kids since last July. Thanks Tayken.... I took your advise to reinstate my access by stating Shaw v Shaw.

In that motion there will also be question about financial disclosure but mainly for CS and SS. I am requesting for the matrimonial home to be transferred or put on the market within 30 days of the motion but I don't think we'll go there. When I look at her affidavit, she is only asking for money. Most of her requests are to argue my salary during a 3 years period.

So I wrote a nice 25 pages affidavit with my position. Above all , I also had a lot of evidence to support my arguments in my affidavit. In total, over 235 pages were submitted to my lawyer. Now, I am on a break. My lawyer can go through it all and determine what is good to keep for the motion.

From now on, I am only going to respond to anything new that might arise from the other party. Can't wait for that motion to see my kids. It better be good this time!

[Links17]

Get psychosocial evaluation...

[mafia007]

Get psychosocial evaluation...

Thanks. Did some research today and call the center near me. The lady provided with some faithful information and if required, I could get that evaluation pretty fast. She also told me that it was very common in divorce cases to perform those kind of requests... toward fathers.

Since I don't know what will be the outcome at the motion next week, I'll wait and see. My STBX likes to ask for several kind of conditions and requests to limit my access and the judge seems to pay more attention to her than... to the kids.

[Links17]

As a father you lose family court cases by default... However with the proper moves on your part and imbecility on the woman's part you can turn it around. Just work on it and be patient... They want to break you one way or another but if you don't relent you will win out...

[ninehundredt]

As a father you lose family court cases by default... However with the proper moves on your part and imbecility on the woman's part you can turn it around. Just work on it and be patient... They want to break you one way or another but if you don't relent you will win out...

Couldn't have said it better. Unfortunately it can take a long time.

[mafia007]

So basically for the next couple of showings to Court I'll be losing and around the 4th or 5th round from here I should expect a turning change with some gains on my side? I've been separated more than a year and have lost access to my house and kids for about a year so I've been more than patient. Now what I need more than anything else is a good judge who can see and put a stop to that BS and games. It will be a long week.

My lawyer had sent my affidavit two weeks ago just before my motion but since it was postponed, she forwarded a supplementary affidavit with some new stuff I had provided to her with lots of evidences. My STBX will soon realise that I am well prepare to demonstrate that her false allegations wont break through my wall of defense.

[ninehundredt]

So basically for the next couple of showings to Court I'll be losing and around the 4th or 5th round from here I should expect a turning change with some gains on my side? I've been separated more than a year and have lost access to my house and kids for about a year so I've been more than patient. Now what I need more than anything else is a good judge who can see and put a stop to that BS and games. It will be a long week.

My lawyer had sent my affidavit two weeks ago just before my motion but since it was postponed, she forwarded a supplementary affidavit with some new stuff I had provided to her with lots of evidences. My STBX will soon realise that I am well prepare to demonstrate that her false allegations wont break through my wall of defense.

How long has it been since you have seen your kids?

Sent from my Nexus 5 using Tapatalk

[mafia007]

This week marked the 7th month anniversary.

[Links17]

So basically for the next couple of showings to Court I'll be losing and around the 4th or 5th round from here I should expect a turning change with some gains on my side? I've been separated more than a year and have lost access to my house and kids for about a year so I've been more than patient. Now what I need more than anything else is a good judge who can see and put a stop to that BS and games. It will be a long week.

My lawyer had sent my affidavit two weeks ago just before my motion but since it was postponed, she forwarded a supplementary affidavit with some new stuff I had provided to her with lots of evidences. My STBX will soon realise that I am well prepare to demonstrate that her false allegations wont break through my wall of defense.

This is exactly how the scam works.... They attempt to destroy you for a year with "temporary orders" and then:
-either you break and accept some less than 50/50 arrangement which screws you to no end.
-either you do something stupid (i.e: lose your temper, stop paying support, dont visit you kids a few times) then the judge uses that as justification to fuck you over.

The key is to emotionally detach and recognize you are in a long term war and your reinforcements haven't arrived.

The longer you hold out the more frustrated the ex-wife gets because she knows if it gets to court and you play you cards right she loses and generally women are more emotional than men and they start to reveal the reasons their true selves... This is what you later use in court to destroy them....

Spend 75% of your time explaining how good of a dad you are and about 25% highlighting the trash the mother is. Stick to the facts and don't call her trash just highlight certain actions you disagreed with.

I was getting screwed over for a year - 100% of my salary gone, seeing my kids 6 hours per week while my trash ex-wife was sexting with her cousin but now its all worked out , I took out the trash and karma killed her cousin (epic karma event of the year!)

[ninehundredt]

This week marked the 7th month anniversary.

I feel for you. It's a long time to not see your children. As many others will tell you, try to maintain composure and be as reasonable and patient as possible. I'm glad to see that you have a lawyer too. That's a great start, and I personally believe it's way more effective than self representation. Others' mileage may vary.

[mafia007]

So Todays motion postponed due to STBX illness.

The other party asked to report the motion with a revised CS and the beginning of SS. My lawyer negotiated that we were accepting to postponed only if access visits (unsupervised) could start immediately without prejudices to create a status quo. No SS payments until the next hearing and no revision to CS.

On my last affidavit, there was so much evidences and proofs that she can no longer use against me that she might have noticed her chances to get full custody are getting to a NUL level. My charges were dismissed with no conditions, CAS stated that children were not at risk, OCL declined to get involved, she cannot prove and support any of her violence and abuse allegations as they are all false...

I still have a lot of munition to use against her if I have to. My lawyer is holding on the remaining as it wasn't relevant to the motion but are mostly to prove her bad faith and misconduct. I am now on my way to show that I was an involved father during our 15 years marriage to go against her stipulating she was the primary parent. The worst being, I am not only showing that I was an involved father but that WE WERE BOTH PRIMARY PARENTS. I've made several calls last week and I am getting records of all appointments, meetings and attendance with the family doctor and nurse clinic, the dentist, the hospital, the schools, the community centre... Some I need to pay as they are archived but it's very worth it. In Todays world, there is no such thing as being the "primary caregiver of a child". Maybe just in rare and few situations but not as before the 80's.

Visits are to start next week (why not tonight? Oh I see, she needs some time to digest and accept the fact that children deserved to see and spend time with their father). I'll see them this Saturday as my little one has something special at Church and I am welcome to assist. I was advised though that me showing at the Church won't please everyone there. Especially HER and her father.

Now waiting to revise and sign that provisional agreement and to make sure it won't create something I consent permanently.

[mafia007]

Also, I'll make sure to advise each of my children to keep records and tracks of all activities during their life with their own children in a safe and secured place not accessible to the other spouse. If only I would have knew!

We never know when those could be indispensable and of any use.

[Links17]

Also, I'll make sure to advise each of my children to keep records and tracks of all activities during their life with their own children in a safe and secured place not accessible to the other spouse. If only I would have knew!

We never know when those could be indispensable and of any use.

Don't underestimate the power of your testimony in court. When you testify to how you were an involved father and talk about the games you play, things you did etc... that will be enough. No log necessary.

[arabian]

So Todays motion postponed due to STBX illness.

The other party asked to report the motion with a revised CS and the beginning of SS. My lawyer negotiated that we were accepting to postponed only if access visits (unsupervised) could start immediately without prejudices to create a status quo. No SS payments until the next hearing and no revision to CS.

This is a very good thing^

I'll see them this Saturday as my little one has something special at Church and I am welcome to assist. I was advised though that me showing at the Church won't please everyone there.

Attending at a church with your children is a good thing too^

Now waiting to revise and sign that provisional agreement and to make sure it won't create something I consent permanently.

All-in-all it sounds like things went well for you today. What you accomplished will leave more time at the motion for other things.

Good day for you!

[mafia007]

It was a good day indeed after what I went through. I know with what I did and being 7 months without seeing and communicating with my children, having to reinstate unsupervised access is like a politician winning his sit. I'm happy and could not ask for more. To get my children at my house, our home, is an asset to restore the ties that once existed. My gf and I are so happy we kept the Christmas tree up. We will be delighted to finally give their Christmas presents (and put that tree away before Easter LOL).

I revised the agreement and asked for an extra hour during the week night as I know my children don't go to sleep to early and the driving tends to cut the parenting time with them a bit too much. I am not asking a lot as I was deprived from their attention for so long. Should have an answer sometime tomorrow.

By the time we get to the next appearing, I'll be able to ask for more access as step number 1 will be fulfilled.