Hi all,
I've given an offer to settle to my ex so she can have sole custody and I can have every other weekend with overnights. For the past 2 years I've been seeing the kids supervised and no overnights. She is not wanting to give me overnights because she's claiming historical abuse (towards her and kids but all my charges were related to her).
My lawyer says that she would be surprised if I didn't get overnights, but I wanted to get everyone's thoughts given the facts below. And if there is something I should be doing to ensure my success to get overnights?
-No OCL or Section 30 report (she didn't' ask for one). No professionals to testify either.
-I did hit my son on the arm 2 years ago one time because he was being aggressive to his sibling and didn't listen. CAS investigated and closed the file because my ex didn't allow me to see the kids during that period. I took a parenting plan since then.
-I did go on disability 3 years ago under the guise of some serious mental health issues and was prescribed medication in order to collect benefits. She's claiming I have untreated mental health issues. I went to get a test done by a psychiatrist who said I'm fine, but now my ex is claiming because I didn't disclose my criminal charges to him, I mislead him and hence the report is invalid. My lawyer agrees that I should have mentioned this to the psychiatrist especially since he asked me. I didn't disclose it bc I was "charged" and not "convicted".
-During the "disability" phase, she continued traveling and I was taking care of the children. Yet she's claiming I wasn't able to take care of kids and it was her parents that were helping me with the kids while she was away.
-I had 7 charges of "historical" abuse, which was all withdrawn because the case took too long to resolve. I've maintained my innocence from day 1.
-In the meantime, young kids (under 11) have had supervised access with me for 2 years for once a week as per court's order. I was heavily involved in their lives prior to the charges.
-She's continuing to make allegations through her counsel that I have inappropriate conversations with my 7 year old and threatening me with professional supervision (rather than my sister supervising).
What are your thoughts? Do I have a shot at overnights? What can I do to enhance my chances?
Her counsel said they don't want anymore "exit TMCs" as the gap is too wide to settle and are pushing for trial.
I've given an offer to settle to my ex so she can have sole custody and I can have every other weekend with overnights. For the past 2 years I've been seeing the kids supervised and no overnights. She is not wanting to give me overnights because she's claiming historical abuse (towards her and kids but all my charges were related to her).
My lawyer says that she would be surprised if I didn't get overnights, but I wanted to get everyone's thoughts given the facts below. And if there is something I should be doing to ensure my success to get overnights?
-No OCL or Section 30 report (she didn't' ask for one). No professionals to testify either.
-I did hit my son on the arm 2 years ago one time because he was being aggressive to his sibling and didn't listen. CAS investigated and closed the file because my ex didn't allow me to see the kids during that period. I took a parenting plan since then.
-I did go on disability 3 years ago under the guise of some serious mental health issues and was prescribed medication in order to collect benefits. She's claiming I have untreated mental health issues. I went to get a test done by a psychiatrist who said I'm fine, but now my ex is claiming because I didn't disclose my criminal charges to him, I mislead him and hence the report is invalid. My lawyer agrees that I should have mentioned this to the psychiatrist especially since he asked me. I didn't disclose it bc I was "charged" and not "convicted".
-During the "disability" phase, she continued traveling and I was taking care of the children. Yet she's claiming I wasn't able to take care of kids and it was her parents that were helping me with the kids while she was away.
-I had 7 charges of "historical" abuse, which was all withdrawn because the case took too long to resolve. I've maintained my innocence from day 1.
-In the meantime, young kids (under 11) have had supervised access with me for 2 years for once a week as per court's order. I was heavily involved in their lives prior to the charges.
-She's continuing to make allegations through her counsel that I have inappropriate conversations with my 7 year old and threatening me with professional supervision (rather than my sister supervising).
What are your thoughts? Do I have a shot at overnights? What can I do to enhance my chances?
Her counsel said they don't want anymore "exit TMCs" as the gap is too wide to settle and are pushing for trial.
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