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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 05-18-2010, 09:22 PM
BitHunter BitHunter is offline
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Default Another question about filling out the Answer form

Under the "I don't agree with the following claims made by the applicant..
11 support for child; 13 custody of child

Under the "Important facts that form the legal basis for my position..." what is expected: trying to explain why the Applicant should NOT have the custody, or why me (Respondent) should have the custody? (this is already detailed in the "claims by respondent" section. Can I just copy the relevant part here?)

Thanks!
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Old 05-18-2010, 09:42 PM
logicalvelocity logicalvelocity is offline
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Since its custody and Access - If it was me, I would structure my position on Section 24 of the Act...

Children's Law Reform Act, R.S.O. 1990, c. C.12


Start with Background...

Last edited by logicalvelocity; 05-18-2010 at 09:44 PM.
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Old 05-18-2010, 09:43 PM
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Depends.... what is each party going for in regards to custody?
I would probably focus more on what you as a parent can provide the child. Depends on the reasons why you feel applicant shouldn't have custody. You might need to add alittle more information about your situation.
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Old 05-18-2010, 10:17 PM
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So actually it seems this section would be pretty much the same as the "Claim by the Respondent" - "Important facts supporting my claims", am I right?
Can I just copy/paste what I've already written there?
Thanks,
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Old 05-18-2010, 10:22 PM
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Read the guides - depending on applicable Court...Most helpful....


Ministry of the Attorney General - A Guide to Family Procedures in the Superior Court of Justice

Ministry of the Attorney General - A Guide to Family Procedures in the Ontario Court of Justice

Ministry of the Attorney General - A Guide to Procedures in Family Court
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Old 05-18-2010, 10:37 PM
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Thanks, I've found/read those guides, (Mine is in the Ontario Court of Justice), but they are mostly about the technicalities. So it seems mostly I just write again why me and why not my ex if you you agree.
Thanks!
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Old 05-18-2010, 10:44 PM
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The courts will want assurances that the parent who has sole custody will encourage/facilitate the child's relationship with the other parent, as opposed to minimizing the other parent's role. So anything you can say to that should help e.g. examples of why you feel your ex will NOT encourage your participation, plus examples to show that you WOULD encourage her participation. It is all about best interests of child, which is usually to have 2 fully involved parents.
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Old 05-18-2010, 10:48 PM
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That's pretty hard... so in one section where I don't agree with her claim to have the sole custody I have to say that she is unfit to be a parent, because she is under psychiatric treatment, and in the other section where I detail my claim for sole custody, I should say that I would give her generous access to the child... ??
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Old 05-18-2010, 11:12 PM
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Well of course you are supportive, and hope that her treatment will be successful, and that she will be able to fulfill her role as parent....right???
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Old 05-18-2010, 11:45 PM
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Yes. Actually truly. That's how our separation started: we just can't live together, but we stay friends and we will see each other often. Then a few days later I found myself in jail based on bullsh*t accusations...
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