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

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Old 03-15-2010, 03:47 PM
Uphillbattle1 Uphillbattle1 is offline
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Default Other side going back on CL interim agreement

This is my first post so please be gentle. LOL! I'm looking for thoughts with regard to my case. My X and I already have an Order in place regarding the children's living arrangements, etc. The Order has been in place for 5 years and my children have been asking for a change to their living arrangements for these same years. They want to live with me full time. I filed a Motion to Change and the Children's Lawyer is involved. The CL gave an interim report with her recommendations to which my X and I agreed. As expected, her report was not in my X's favour to say the least. The CL recommended that the children begin a new schedule with regard to their living arrangements for the next 3 months. During this time she would ask the OCL for a social worker assist. If the OCL refuses the assist the CL will simply follow up with the children over the next 3 months to see how they are adjusting; then all sides will meet to discuss the CL's final report/recommendations. The CL said that she was torn between granting the children full time with me and every other weekend with my X or the 50/50 as it's supposed to be for the next 3 months. My X said at the meeting that he would send his proposal with regard to the interim schedule for the children to my lawyer within a week. The week went by without word from my X so my lawyer sent his lawyer a letter requesting his client's proposal as agreed within the next 7 days. She said in the letter that she would be setting a date for Settlement Conference should the other side not comply. Well it's been almost a month now and still nothing from my X. My Lawyer is now setting up a Settlement Conference date as promised. Given that my X has been found to have serious issues with anger and control by every person the CL interviewed; that our oldest child (now 18) already left his home permantly a few years ago for mine because of his emotionally and sometimes physically abusive behaviour; the fact that he was caught lying in his Affidavit regarding two investigations by the C.A.S. that he was the subject of; and is now not honouring the CL's interim recommendations of which he agreed to, I gotta ask - What the heck is he doing here? It seems very stupid of him not to honour the agreement and he's usually very calculated. I'm now wondering if there is any advantage, given what I've stated here, to his case by not complying. Any thoughts would be appreciated and I'm sorry for the long post.
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Old 03-15-2010, 04:03 PM
billiechic billiechic is offline
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Not sure exactly what you are asking. You have a recommendation in your favour by the CL, right. Did your ex agree to follow the recommendation? what was it and how is he not complying?

Could you apply for an interm motion to change following the CL recommendations? Is there a serious need to change the living arrangements before trial? How old are your kids?
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Old 03-15-2010, 04:55 PM
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dadtotheend dadtotheend is offline
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dadtotheend will become famous soon enoughdadtotheend will become famous soon enough
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Your ex is dragging his feet and doesn't have much of a chance against what the OCL has recommended. He will eventually see (or be forced to see by a judge) the light. Keep moving the matter forward, and each court appearance continue to remind the court that he is being uncooperative and perpetuating a delay.
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Old 03-15-2010, 09:06 PM
Uphillbattle1 Uphillbattle1 is offline
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Quote:
Originally Posted by billiechic View Post
Not sure exactly what you are asking. You have a recommendation in your favour by the CL, right. Did your ex agree to follow the recommendation? what was it and how is he not complying?

Could you apply for an interm motion to change following the CL recommendations? Is there a serious need to change the living arrangements before trial? How old are your kids?
Yes, the recommendation is in my favour and my X did agree to the recommendations that the children's living arrangements should change.
Yes there is a serious need to change their living arrangements and the CL was thurough. I'm waiting for my lawyer's advice now with regard to what to do now.

I'm simply stunned by my X's errors here and I'm wondering if there is any advantage to him and this sort of game playing. Thanks for your help!
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Old 03-15-2010, 09:08 PM
Uphillbattle1 Uphillbattle1 is offline
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Agreed and thank-you "Dadtotheend"! Looking forward to the end of this stuff. It's been far too long, far too expensive and very stressful on my family. Cheers!
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