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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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  #81  
Old 03-04-2020, 04:01 PM
FB_ FB_ is offline
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Ok I've gotten most of my court paperwork prepared.

I will be filing a motion to change.

The part of really struggling with is to deal with one of the biggest issues and not deal with the rest. Issues are as follows

1. Children's School for 2020-2021 year
2. Child Support
3. Access

1. This is my biggest concern. Ex has refused to sign paperwork required to register the children at their respective schools in Milton. She has verbally told me that if they are going to change schools it should be to SSM.

2. Child support is not currently being paid. Table amount based on her 2019 NOA would be $780 which she will claim she can't pay as shes now on LTD (Mental Leave).

3. We already have an existing order for 50/50 which she is not using. I personally don't want the situation changed and would be fine with her moving back and going back to this schedule. So presently kids have been with me full time. We have already agreed the kids will be spending March Break with her.

Option 1: Just ask for an order for the kids schools to be changed.

Option 2:

- Ask for an order for Primary Care
- Ask for an order for Child Support
- Ask for an order for School Change

Thanks
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  #82  
Old 03-04-2020, 05:35 PM
StillPaying StillPaying is offline
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Either way, access and support would need to be dealt with for a change in school. Might as well go for option 2. LTD's still pays support. Hopefully they'll agree to school then it's up to you whether you want to continue court for support.
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  #83  
Old 03-04-2020, 10:37 PM
Helpmyspouse Helpmyspouse is offline
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As a mom all I can say is thank God your kids have you. All they need is one stable parent. Wishing some peace to come your way.

Last edited by Helpmyspouse; 03-04-2020 at 10:59 PM.
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  #84  
Old 03-06-2020, 05:54 PM
FB_ FB_ is offline
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Quote:
Originally Posted by StillPaying View Post
Either way, access and support would need to be dealt with for a change in school. Might as well go for option 2. LTD's still pays support. Hopefully they'll agree to school then it's up to you whether you want to continue court for support.
I'm not so sure it would. We have an existing order which she is choosing not to follow. She could not take the kids to where she is because of a clause in our existing order. If I ask for a change in access it just opens the whole thing up again for her to argue and possibly get changed. If I file just for the school then the onus is on her to file a motion for a change in access. The longer she continues this the longer I have status quo on my side. Then if she does decide to move back into this area I'll already have an order for their schooling which she'd have to work with. I have no issues with the existing order and it was working fine.

Quote:
Originally Posted by Helpmyspouse View Post
As a mom all I can say is thank God your kids have you. All they need is one stable parent. Wishing some peace to come your way.
Thanks. It had been rather peaceful and the schedule was working well but she has some mental health problems she's been struggling with for years and some other unfortunate circumstances somewhat forced her hand here. I just want to make sure that my kids are taken care of and I get them setup with some stability until she figures her shit out.
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  #85  
Old 03-06-2020, 07:23 PM
StillPaying StillPaying is offline
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Quote:
Originally Posted by FB_ View Post
I'm not so sure it would. We have an existing order which she is choosing not to follow. She could not take the kids to where she is because of a clause in our existing order. If I ask for a change in access it just opens the whole thing up again for her to argue and possibly get changed. If I file just for the school then the onus is on her to file a motion for a change in access. The longer she continues this the longer I have status quo on my side. Then if she does decide to move back into this area I'll already have an order for their schooling which she'd have to work with. I have no issues with the existing order and it was working fine.
I'm not sure what your current orders are, but this is just my opinion.
Assume you only ask for school. Kids go to school in Brampton. You want to move them to Milton and she wants them to go in S.S.M. Whichever way the judge rules, they'll be forced to deal with access and support due to their ruling.

No need to play nice. Ask for everything as per status quo, and hope that she'll agree to Milton instead of going to court. School would have to be dealt with before you'd make it to trial, and it seems you would win Milton from what you say. Hopefully she'll agree, then the ball's in your court to decide whether you want to continue.
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