First...thank you for all of the extremely helpful advice within these forums. My girlfriend and I are eternally grateful. Good luck to all!
Our situation...
Then:
Interim:
Now:
If all of this wasn't so serious in nature for GF and her kids, it would almost be laughable. We understand that the mobility issue has some merit, however we strongly believe that this is in the best interests of these children...and we have witnessed in mediation and conference that a court may share the same opinion. Case law support provided within these forums is invaluable...Ligate v Richardson in particular (the appeal).
Sorry, the questions...I hope the facts provided give a decent snapshot.
1. Chance of adjournment (two weeks before trial) based on change of representation?
2. Chance of arguing sole custody at feb. 1 trial? Ex's affidavit reads like a custody argument...GF's reads like a mobility argument...we chose to not 'muddy the waters' with a custody written affidavit...only issue before the court at present is mobility...trial is affidavit evidence only
3. Advice wanted re a harassing, dismissive co-parent and a possible criminal element...its just not right?
4. In the event that ex does file for sole custody (likely), how do we respond??? In spite of all this BS, GF recognizes the importance of the kids father in their lives. Only loser here is the kids, sole custody for either isn't in the best interest of these kids, they love both their mom and dad...although dad is a little less popular lately!
5. Most importantly...and this is the one that keeps us up at nights...at what point do you throw in the towel and recognize that two perfectly wonderful children don't deserve this? At what point does an imperfect status quo override 'ugly'?
Kindly know that I am a divorced father, of three daughters, who enjoys a great relationship with his ex and a book worthy co-parenting arrangement. We, all of us, owe our children the best after divorce life possible.
Thank you in advance for any helpful comments.
Our situation...
Then:
- GF moved in with me in July, her ex contested based on residence clause in SA...cannot move outside Greater Toronto without consent, proper notice was given...note GF is in real estate and mistakenly thought GTA boundary included new location as it is included as part of GTA for the Toronto Real Estate Board listings...Greater Toronto actually extends north only to Steeles Ave
- Our home is in Bradford, 68 kms from her ex's (beaches, TO)
- GF and her ex have two children, seven and nine, with shared custody (50 / 50), GF is primary caregiver
- GF - mon, tues, every second weekend...ex - wed, thurs, every second weekend
- GF submitted a parenting plan which kept kids enrolled in TO school and no change to either custody or access for ex, all travel provided by GF
- kids are one billion percent wanting to live in Bradford despite travel
Interim:
- kids and GF live in Bradford every second weekend and are forced by consent order to spend school nights in TO
- also by consent all Bradford activities suspended, dance, karate
- ex is extremely manipulative and controlling
- mediation provided an agreement which ex reneged on next day...refused to sign
- note, mediator immediately recognized an imbalance of power and held separated closed door sessions
- case conference was a non event as ex would not negotiate in spite of encouraged resolution by court
- ex has a long history of email and verbal harassment, including a recent barrage as the trial nears including comments like...jump from bed to bed to pay bills, thank god for his wife providing a positive female role model for kids (note, GF university educated, responsible parent, active community member, good person)
Now:
- trial is scheduled for feb. 3
- ex has changed lawyers and is seeking adjournment
- ex has suggested seeking sole custody
- ex has provided an offer to settle that includes negating CS, full indemnity, and sole custody with liberal and generous access, no Bradford
- GF has submitted two reasonable offers to settle
If all of this wasn't so serious in nature for GF and her kids, it would almost be laughable. We understand that the mobility issue has some merit, however we strongly believe that this is in the best interests of these children...and we have witnessed in mediation and conference that a court may share the same opinion. Case law support provided within these forums is invaluable...Ligate v Richardson in particular (the appeal).
Sorry, the questions...I hope the facts provided give a decent snapshot.
1. Chance of adjournment (two weeks before trial) based on change of representation?
2. Chance of arguing sole custody at feb. 1 trial? Ex's affidavit reads like a custody argument...GF's reads like a mobility argument...we chose to not 'muddy the waters' with a custody written affidavit...only issue before the court at present is mobility...trial is affidavit evidence only
3. Advice wanted re a harassing, dismissive co-parent and a possible criminal element...its just not right?
4. In the event that ex does file for sole custody (likely), how do we respond??? In spite of all this BS, GF recognizes the importance of the kids father in their lives. Only loser here is the kids, sole custody for either isn't in the best interest of these kids, they love both their mom and dad...although dad is a little less popular lately!
5. Most importantly...and this is the one that keeps us up at nights...at what point do you throw in the towel and recognize that two perfectly wonderful children don't deserve this? At what point does an imperfect status quo override 'ugly'?
Kindly know that I am a divorced father, of three daughters, who enjoys a great relationship with his ex and a book worthy co-parenting arrangement. We, all of us, owe our children the best after divorce life possible.
Thank you in advance for any helpful comments.
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