Hello,
I need advise on the present situation:
Background:
I am going through a divorce with my ex, who filed for sole custody of our 5 children after 14 years of failed marriage. Got separated In January, 2020, I got served in August, 2020. During this period I had limited access to my children primarily due to the 1st lockdown and her resistance to see the children citing concerns of infecting with Covid. Finally when the lockdown was over, I brought an emergency motion in September, 2020 to access my children. My previous lawyer made mistakes in attaching evidence, and failed to respond the opposition on time with newly brought false allegations, so judge disregarded the crucial evidences and granted me limited access every Saturday 9-5, every 2nd weekend 1 overnight stay, gave the mother temporary custody & ordered OCL. Received OCL report in February, 2021 which suggested 50/50. Had a case conference in April, judge suggested to submit full financial disclosure and agree on a parenting time (mother refusing 50/50), offered increased parenting time to 3 weekends Friday 12 to Sunday 8 PM. My new lawyer called for a motion to implement OCL recommendation which was supposed to take place on July 19. As we were preparing affidavits for the motion, last week my lawyer said that the mother has more chances of winning with her offer and the judge is not bound to implement OCL recommendations at a motion and may simply defer to a trial judge & if I lose again it will be strike two against me and my chances of securing 50/50 will significantly decrease at the trial. So, we agreed to skip the motion and work on a interim agreement so we can have an settlement conference before going in trial. Although I don't agree with the increased parenting time, I am being told that I don't have any other option. Also, Ex's lawyer is asking child support more than income (despite submitting 4 years 2017-2020 full financial disclosure). My lawyer thinks I should agree to the offer in order to fast track the trial, the longer I wait to settle, the stronger she gets with her new status quo as a sole custodian (post separation it has been 18 months).
My question is:
1. Should I go for this settlement agreement (her lawyer is claiming it's a gradual increase in parenting time from 2 over night stay/month to 6 over nights stay despite OCL recommendations of 1 week on & off back in February, 2021.
2. I was in international tourism sector and out of job since the separation l. Last year I was primarily on CERB & CRB and this year I am on CRB. Her lawyer is claiming child support more than my 2020 income, which I can't obviously pay at this moment. Any suggestions how to go about this?
3. If we can't agree for a settlement, should I go through a motion? or agree for for less as offered so we can fast track for trial?
I would really appreciate if you can suggest, advise on this situation.
M
I need advise on the present situation:
Background:
I am going through a divorce with my ex, who filed for sole custody of our 5 children after 14 years of failed marriage. Got separated In January, 2020, I got served in August, 2020. During this period I had limited access to my children primarily due to the 1st lockdown and her resistance to see the children citing concerns of infecting with Covid. Finally when the lockdown was over, I brought an emergency motion in September, 2020 to access my children. My previous lawyer made mistakes in attaching evidence, and failed to respond the opposition on time with newly brought false allegations, so judge disregarded the crucial evidences and granted me limited access every Saturday 9-5, every 2nd weekend 1 overnight stay, gave the mother temporary custody & ordered OCL. Received OCL report in February, 2021 which suggested 50/50. Had a case conference in April, judge suggested to submit full financial disclosure and agree on a parenting time (mother refusing 50/50), offered increased parenting time to 3 weekends Friday 12 to Sunday 8 PM. My new lawyer called for a motion to implement OCL recommendation which was supposed to take place on July 19. As we were preparing affidavits for the motion, last week my lawyer said that the mother has more chances of winning with her offer and the judge is not bound to implement OCL recommendations at a motion and may simply defer to a trial judge & if I lose again it will be strike two against me and my chances of securing 50/50 will significantly decrease at the trial. So, we agreed to skip the motion and work on a interim agreement so we can have an settlement conference before going in trial. Although I don't agree with the increased parenting time, I am being told that I don't have any other option. Also, Ex's lawyer is asking child support more than income (despite submitting 4 years 2017-2020 full financial disclosure). My lawyer thinks I should agree to the offer in order to fast track the trial, the longer I wait to settle, the stronger she gets with her new status quo as a sole custodian (post separation it has been 18 months).
My question is:
1. Should I go for this settlement agreement (her lawyer is claiming it's a gradual increase in parenting time from 2 over night stay/month to 6 over nights stay despite OCL recommendations of 1 week on & off back in February, 2021.
2. I was in international tourism sector and out of job since the separation l. Last year I was primarily on CERB & CRB and this year I am on CRB. Her lawyer is claiming child support more than my 2020 income, which I can't obviously pay at this moment. Any suggestions how to go about this?
3. If we can't agree for a settlement, should I go through a motion? or agree for for less as offered so we can fast track for trial?
I would really appreciate if you can suggest, advise on this situation.
M
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