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  • Case conference tomorrow

    So I have been denied access to my 2 children ages 11 and 13 since March 2010. Just lately have I been able to see them (ex's lawyer is probably telling her to do so). I filed an affidavit in October and I just received her's in the mail last week. She's lying through her teeth. She wants sole custody and does not want me to be a part of their lives at all. She is lying saying my oldest has special needs (anorexia) she does not!!! And my daughter knows she doesn't have anorexia. This is just ridiculous. She also wants me to pay for her lawyer expenses. (She has changed lawyers three times now). I have always paid the correct amount of CS. She says I am hiding money all over the place because I own my business with my sister and brother. Does she not have to prove I am doing this? Which I am not. I would like to have my children two weeks every month. How likely would it be if she did get sole custody? Would a judge rule for me and let me see my kids this much?

    She is saying I do not want to be a part of their lives she is lying. She has done everything to push me out. I have no idea what to expect tomorrow at the case conference. I have a meeting with my lawyer in the morning.

  • #2
    So I have been denied access to my 2 children ages 11 and 13 since March 2010. Just lately have I been able to see them. I filed an affidavit in October and I just received her's in the mail last week. She's lying through her teeth.
    Shocked...truly...stick to child focused facts and don't get involved in mud slinging. Request proof of her allegations (which should be attached to her affidavit). Rebut each point, be as factual as possible.

    She wants sole custody and does not want me to be a part of their lives at all.
    Well DUH...she gets WAY more money that way.

    She is lying saying my oldest has special needs (anorexia) she does not!!! And my daughter knows she doesn't have anorexia. This is just ridiculous.
    Request proof of this. The oldest is of an age where her wishes will be taken into account. Perhaps request OCL involvement if your ex is making up stuff respective to the children. Call CAS if you believe them to be in danger.

    She says I am hiding money all over the place because I own my business with my sister and brother. Does she not have to prove I am doing this?
    God no. What fun would that be if she had to provide "proof". Just stick to the facts. That kind of allegation is worth maybe a single bullet point.

    ie. In regards to "STBNJ-Ex's" point __, please see the Notice of Assessments for 2007, 2008 and 2009, hereby attached as exhibit ____, which shows my line 150 income amount as X. Based on the latest notice of assessment and the table guidelines, I have been paying the sum of XXXXX each month in child support.

    You ARE only paying offset in the absence of a court order right? You aren't actually paying full table to her?

    I would like to have my children two weeks every month. How likely would it be if she did get sole custody? Would a judge rule for me and let me see my kids this much?
    You have a right to joint legal and 50-50 physical from the get go. If you play it right, you'll wind up with that.

    She is saying I do not want to be a part of their lives she is lying. She has done everything to push me out.
    and you of course have documented the crap out of her denial of access and attempts to exclude you, as well as your continued involvement in their lives, attending their extra curriculars, booking your own parent teacher conferences, etc, etc right?

    Comment


    • #3
      Yea I guess I sound like I have no idea what I am talking about.

      I'm truly frustrated though. I have been paying her the table amount of cs. I'm not sure what offset in the absence of a court order means in the way of what I should be paying? I will be requesting OCL involvement.

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      • #4
        My lawyer told me this morning I may not have to go to the case conference but to call her back at noon. Not sure why I wouldn't have to go?

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        • #5
          Maybe your ex has made an offer?

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          • #6
            I thought of that. It would really surprise me if she did make an offer. I'll wait and see I guess.

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            • #7
              So now my case conference is moved to April. I'm supposed to be having my kids every weekend and once during the week. Now she will deny access again.

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              • #8
                So what you do is go to her home and pick them up.

                If the kids are not there, you call (ONCE) and leave a message. Then drive to the closest corner store, buy a pack of gum and save the receipt. (Which should show date/time and location).

                Then you send her an email (either right there, or when you get home), indicating that the children were not at the agreed to location at the agreed to time, and requesting make up time.

                If at any time she tries to deny access prior to the dates you are supposed to get them, you merely respond (again ONCE) and indicate that you will be exercising your access time as per the court order and will be at X location at X day and X time as per the existing arrangements and that you expect the children to be there and ready to go.

                Rinse and repeat, then when you go to the case conference, you ask for a change in custody due to Mom's unwillingness to facilitate the access as ordered or at the very least a police enforcement clause for the access.

                I'm supposed to be having my kids every weekend and once during the week. Now she will deny access again.
                You have that in an interim court order? ie. the 3 days in 7? That's 42% dude...have you filed with CRA to get the CCTB/UCCB 6 months a year?

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                • #9
                  This is fedup's wife.

                  The thing is they don't have a court order,
                  they have a seperation agreement stating every weekend,
                  march break,two weeks in summer. After they seperated she was using
                  him as a babysitter because she works shift work. She would drop then off whenever she wanted. He never said anything because he was just glad to have them all the while paying the table amount.
                  Now since we have been together she has been denying access because she's being spiteful (surprise surprise). She has harrassed me one too many times and the police were involved everytime. She is not allowed to call here or talk to us at all. He is still paying table amount when he should be paying offset. He is asking for 50/50 and trying to get a court order in place. Since March, confrences keep getting delayed.

                  Comment


                  • #10
                    NB Dad is BANG ON with his suggestion of:

                    If the kids are not there, you call (ONCE) and leave a message. Then drive to the closest corner store, buy a pack of gum and save the receipt. (Which should show date/time and location).

                    Then you send her an email (either right there, or when you get home), indicating that the children were not at the agreed to location at the agreed to time, and requesting make up time.

                    If at any time she tries to deny access prior to the dates you are supposed to get them, you merely respond (again ONCE) and indicate that you will be exercising your access time as per the court order and will be at X location at X day and X time as per the existing arrangements and that you expect the children to be there and ready to go.

                    Rinse and repeat, then when you go to the case conference, you ask for a change in custody due to Mom's unwillingness to facilitate the access as ordered or at the very least a police enforcement clause for the access.


                    @ Fedupandtired's wife .... why hasn't your husband or why don't you ugys FILE your "Separation Agreement"?

                    It's SUPER SIMPLE to file a "domestic contract" or "separation agreement". You fill out a Form 26B : Affidavit for Filing Domestic Contract or Paternity Agreement with Court

                    http://www.ontariocourtforms.on.ca/f...ept105_ODA.pdf

                    It's EASY, takes less than an hour of your time and ex-spouse does NOT need to be notified but you DO then have a court file # and it's enforceable!

                    Comment

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