I immigrated from China and came to Ottawa in 2017. Separated at Jan. 2018. 9 years marriage with 2 kids.
Here is what happend.
After we moved to Ottawa, My ex called 4 times CAS. Every time the CAS closed the file after investigation, nothing is verified.
in June 2018. we had an argument, nothing happened, then she called 911, she said she was scaled, and I slapped her. The police came, then left without doing anything. But I was scaled at that time, After I talked to a family counselor, decided to move out.
After I moved out, I rented 2 small rooms shared with 2 other rommates in a big house. There still some argument but we eventually reached out the following temporary parenting schedule.
1st week, Tuesday 5:30 PM to 7:30 AM, Thursday 5:30 PM to 7:30 PM
2nd week, Tuesday 5:30 PM to 7:30 AM, Friday 5:30 PM to Sunday 7:30 PM
Then I hired a lawyer, started the divorcing process. My first lawyer was a male, did not believe what I said, no progress until I changed to a 2nd female lawyer. She was pregnant and would deliver soon, I don't think she believed me but I don't have other choices, I contacted several lawyers, but they all were mean to me once they heard my ex called CAS and 911.
Luckily she is a very good lawyer, she added all my story in her brief, represented me in the 1st case conference in 2019 June. The judge suggested getting all records from CAS and police and hire a custody assessor to do the custody assessment.
The records are very good to me, CAS and Police records clearly indicate that she can not give the details about her allegations and nothing is verified. the kids are happy with me. Basically verified what I said.
But the custody assessment ruled in her favor. and suggested an arrangement as below:
1st week, Tuesday 5:30 PM to Wednesday 8:30 AM, Thursday 5:30 PM to 7:30 PM
2nd week, Tuesday 5:30 PM to Wednesday 8:30 AM, Friday 5:30 PM to Sunday 7:30PM
I got almost 40%, I want 50% (I has been keeping paying the child support after I moved out and hired my 1st lawyer)
Then my 2nd lawyer left for delivering her baby. I was transferred to my 3rd lawyer.
My 3rd lawyer represented me for the 2nd case conference. I provided some evidence about my ex lied to the assessor. but it did not change too much.
I did not agree with her offer. so still went with the old parenting schedule
then 2020, COVID-19. nothing happened. But my 3rd lawyer charged me a lot for the documents job.... ..., I can not afford that, so I switch to my 4th lawyer also my current lawyer.
He suggested me to settle everything. and I agreed. he moved very fast, and we are very close to reaching an agreement. But soon my ex starts to living together with another man, in our MH with my kids. and keep ghosting us about the negotiation.
I was totally pissed off and want to get the kids back, at least 50%. and I told my lawyer that my ex signed a false affidavit related to her income.
My lawyer did not agree with me at the beginning, but one day he suddenly said that I can possibly get 50%. Not sure what happened.
Then the 3rd conference Jan. 2021. The judge suggested a new parenting schedule. and schedule a new settlement conference in August, and trial my case for Sep. 2021,
1st week, Wednesday 5:00 PM to Thursday 8:30 AM
2nd week, Wednesday 5:00 PM to Thursday 8:30 AM, Friday 5:30 PM to Monday 8:30 AM
I am starting with this schedule now.
I know there is a maximum contact principle, but I also know about the status quo. Though my lawyer told me there could be 40% chance for me to get 40% or more.
I am curious anyone else has been in the same situation? What do I need to prepare now for the trial?
Thanks
Here is what happend.
After we moved to Ottawa, My ex called 4 times CAS. Every time the CAS closed the file after investigation, nothing is verified.
in June 2018. we had an argument, nothing happened, then she called 911, she said she was scaled, and I slapped her. The police came, then left without doing anything. But I was scaled at that time, After I talked to a family counselor, decided to move out.
After I moved out, I rented 2 small rooms shared with 2 other rommates in a big house. There still some argument but we eventually reached out the following temporary parenting schedule.
1st week, Tuesday 5:30 PM to 7:30 AM, Thursday 5:30 PM to 7:30 PM
2nd week, Tuesday 5:30 PM to 7:30 AM, Friday 5:30 PM to Sunday 7:30 PM
Then I hired a lawyer, started the divorcing process. My first lawyer was a male, did not believe what I said, no progress until I changed to a 2nd female lawyer. She was pregnant and would deliver soon, I don't think she believed me but I don't have other choices, I contacted several lawyers, but they all were mean to me once they heard my ex called CAS and 911.
Luckily she is a very good lawyer, she added all my story in her brief, represented me in the 1st case conference in 2019 June. The judge suggested getting all records from CAS and police and hire a custody assessor to do the custody assessment.
The records are very good to me, CAS and Police records clearly indicate that she can not give the details about her allegations and nothing is verified. the kids are happy with me. Basically verified what I said.
But the custody assessment ruled in her favor. and suggested an arrangement as below:
1st week, Tuesday 5:30 PM to Wednesday 8:30 AM, Thursday 5:30 PM to 7:30 PM
2nd week, Tuesday 5:30 PM to Wednesday 8:30 AM, Friday 5:30 PM to Sunday 7:30PM
I got almost 40%, I want 50% (I has been keeping paying the child support after I moved out and hired my 1st lawyer)
Then my 2nd lawyer left for delivering her baby. I was transferred to my 3rd lawyer.
My 3rd lawyer represented me for the 2nd case conference. I provided some evidence about my ex lied to the assessor. but it did not change too much.
I did not agree with her offer. so still went with the old parenting schedule
then 2020, COVID-19. nothing happened. But my 3rd lawyer charged me a lot for the documents job.... ..., I can not afford that, so I switch to my 4th lawyer also my current lawyer.
He suggested me to settle everything. and I agreed. he moved very fast, and we are very close to reaching an agreement. But soon my ex starts to living together with another man, in our MH with my kids. and keep ghosting us about the negotiation.
I was totally pissed off and want to get the kids back, at least 50%. and I told my lawyer that my ex signed a false affidavit related to her income.
My lawyer did not agree with me at the beginning, but one day he suddenly said that I can possibly get 50%. Not sure what happened.
Then the 3rd conference Jan. 2021. The judge suggested a new parenting schedule. and schedule a new settlement conference in August, and trial my case for Sep. 2021,
1st week, Wednesday 5:00 PM to Thursday 8:30 AM
2nd week, Wednesday 5:00 PM to Thursday 8:30 AM, Friday 5:30 PM to Monday 8:30 AM
I am starting with this schedule now.
I know there is a maximum contact principle, but I also know about the status quo. Though my lawyer told me there could be 40% chance for me to get 40% or more.
I am curious anyone else has been in the same situation? What do I need to prepare now for the trial?
Thanks
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