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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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  #1  
Old 12-14-2019, 01:49 PM
HardWorkingDad HardWorkingDad is offline
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Default Form 8 General Application

I will be filing an Application for more access (50-50) with my children.
On page 5, am I to put claims supporting my wanting more access? The best interests of the children is obvious.
Any help is greatly appreciated.
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Old 12-14-2019, 03:51 PM
LovingDad1234 LovingDad1234 is offline
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If there is already a Court Order or Agreement in place, you will need to justify the change in terms of a material change. My understanding is that it is not as easy as simply saying you want more, or it'd be better, etc.. What has changed now versus when you signed the original agreement or judgement? You can do research on Canlii for "material change", its a pretty uphill climb to prove.
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Old 12-14-2019, 03:53 PM
HardWorkingDad HardWorkingDad is offline
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We had shared parenting time and agree it's not working.
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Old 12-14-2019, 07:32 PM
tilt tilt is offline
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If you agree it is not working, then why go to Court? You can file a new, on-consent, agreement if you want. Or just informally agree to 50/50 and table off-set child support.

Filing an Aplication is an adversarial process for when you do not agree. Or do you mean you agree the current set up is not working but disagree on how to improve it? In that case, you agreeing the current set-up isnít working isnít really a material change, so you still have to prove it. And they may change their mind about their opinion of the current set up.
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Old 12-14-2019, 09:57 PM
Berner_Faith Berner_Faith is offline
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Quote:
Originally Posted by HardWorkingDad View Post
We had shared parenting time and agree it's not working.


If you already had shared parenting time and agree itís not working, why are you filing for 50-50? What is your current schedule?


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Old 12-15-2019, 05:06 AM
HardWorkingDad HardWorkingDad is offline
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Quote:
Originally Posted by Berner_Faith View Post
If you already had shared parenting time and agree itís not working, why are you filing for 50-50? What is your current schedule?


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By shared I meant in my STBx's home. Our current schedule, our kids are at mine wed/Thursday on week 1 but only Wednesday on week two. Plus EOW with the kids returning to her on Sundays. I live only 10mins away and want our kids EVERY Wed/Thurs and Sunday over nights on my weekend but ex is refusing.
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Old 12-15-2019, 07:10 AM
Berner_Faith Berner_Faith is offline
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Quote:
Originally Posted by HardWorkingDad View Post
By shared I meant in my STBx's home. Our current schedule, our kids are at mine wed/Thursday on week 1 but only Wednesday on week two. Plus EOW with the kids returning to her on Sundays. I live only 10mins away and want our kids EVERY Wed/Thurs and Sunday over nights on my weekend but ex is refusing.


Then you donít have shared parenting. Right now you have 5/14 days and you want 7/14 days... which means a change in CS... not surprising sheís not agreeing to the changes. Whatís her reasoning?


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Old 12-15-2019, 07:14 AM
HardWorkingDad HardWorkingDad is offline
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Quote:
Originally Posted by Berner_Faith View Post
Then you donít have shared parenting. Right now you have 5/14 days and you want 7/14 days... which means a change in CS... not surprising sheís not agreeing to the changes. Whatís her reasoning?


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Claims our youngest, D2 is too young. Needs primary home and stability. Our daughter has handled the Wed/Thurs over nights and EOW just fine so far. Ive offered no change in support and to keep week one schedule consistent for every week which would be a 2-2-3 schedule.
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