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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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  #11  
Old 04-07-2022, 10:50 AM
Hide on Bush Hide on Bush is offline
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OCL declined the file again as of last week
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  #12  
Old 04-07-2022, 10:53 AM
LMum LMum is offline
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Quote:
Originally Posted by Hide on Bush View Post
OCL declined the file again as of last week
Ok so now wait till the SC. Offer access, log everything. Still the same waiting game.
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  #13  
Old 04-07-2022, 11:05 AM
Stillbreathing Stillbreathing is online now
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Hide on Bush, I hate to break it to you but even if you somehow got a summary judgment that does not mean in any way shape or form that your going to court days are over. You are niave if you think so. As long as the kids aren’t 18 yet your ex can keep bringing you back to court and reopening visitation or child support issues. Hell, even after age 18 he can still bring you back to court regarding S7, post secondary expenses and child support if applicable. If you have a disabled child together then the sky is the limit and your ex can keep the court going for as long as the child lives! What fun! Even if your matter becomes “resolved” and you become divorced… guess what? You guessed it, your ex can still keep fling court proceedings against you. One of our senior posters, Arabian had this annoyance long after their divorce where her ex would file something at least once a year. That’s the beauty and the curse of family court, if you have a jerk of an ex, they can keep the bs going forever, or until one of you dies. There is also a case of 2 lawyers who divorced and were involved in protracted litigation for decades and so long that both of their counsel died in the meantime.
120 days to wait is chump change. My ex refused access for 2 years, then 21/2 years and each time he was awarded supervised access again to give him a chance to rebuild his relationship with the kids. Family court judges do their best to encourage and allow access even if one party has been unreasonable and were the ones to cut off access themselves. Like my ex, your ex can refuse to exercise their access and after two years ask for it to start again and a judge will likely do everything they can to allow that to happen again ( although it would likely be supervised after such a long period of time).
You need to accept the family court mantra of “hurry up and wait” or you are going to drive yourself nuts.The only thing you can do is make a reasonable offer to settle, leave it open and wait until your next court date.
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  #14  
Old 04-07-2022, 12:03 PM
podric podric is offline
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On topic question but not matching Hide On Bush situation.



If a child lives with one of the parents, is 15 and sees the other parent when they like and does see them. The other parent does not refuse access and the original order had access as 50/50.


What should the court order be updated to say?
Do I start another thread?
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  #15  
Old 04-07-2022, 01:01 PM
rockscan rockscan is offline
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Quote:
Originally Posted by podric View Post
On topic question but not matching Hide On Bush situation.



If a child lives with one of the parents, is 15 and sees the other parent when they like and does see them. The other parent does not refuse access and the original order had access as 50/50.


What should the court order be updated to say?
Do I start another thread?

There have been a few threads on this including at the end of last year.

Teens have different lives which sometimes include significant others, jobs, sports, activities etc. It is difficult to adhere to a set 50/50 schedule and all three parties should work together to ensure time is spent with both parents. At 16 it is assumed that kids can determine where they want to live and one parent cannot force either the kid or the other parent to adhere to a set schedule. It is difficult when it comes to support but if money is the sole motivator then that parent needs to give their head a shake. Short answer is both parents and the child should work together to keep the equal time in place but fighting it when a kid has determined things is pointless.
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  #16  
Old 04-07-2022, 01:05 PM
Hide on Bush Hide on Bush is offline
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Quote:
Originally Posted by Stillbreathing View Post
Hide on Bush, I hate to break it to you but even if you somehow got a summary judgment that does not mean in any way shape or form that your going to court days are over. You are niave if you think so. As long as the kids aren’t 18 yet your ex can keep bringing you back to court and reopening visitation or child support issues. Hell, even after age 18 he can still bring you back to court regarding S7, post secondary expenses and child support if applicable. If you have a disabled child together then the sky is the limit and your ex can keep the court going for as long as the child lives! What fun! Even if your matter becomes “resolved” and you become divorced… guess what? You guessed it, your ex can still keep fling court proceedings against you. One of our senior posters, Arabian had this annoyance long after their divorce where her ex would file something at least once a year. That’s the beauty and the curse of family court, if you have a jerk of an ex, they can keep the bs going forever, or until one of you dies. There is also a case of 2 lawyers who divorced and were involved in protracted litigation for decades and so long that both of their counsel died in the meantime.
120 days to wait is chump change. My ex refused access for 2 years, then 21/2 years and each time he was awarded supervised access again to give him a chance to rebuild his relationship with the kids. Family court judges do their best to encourage and allow access even if one party has been unreasonable and were the ones to cut off access themselves. Like my ex, your ex can refuse to exercise their access and after two years ask for it to start again and a judge will likely do everything they can to allow that to happen again ( although it would likely be supervised after such a long period of time).
You need to accept the family court mantra of “hurry up and wait” or you are going to drive yourself nuts.The only thing you can do is make a reasonable offer to settle, leave it open and wait until your next court date.
Oh I completely understand and fully expect to be a frequent face within a court room. My desire is to solve this matter now so we can move on with our lives until the next matter. Especially as I was seeking to increase my mobility rights to secure valid employment and my Ex's sole argument was that it would effect access to my Son. As he forfeited his parenting-time, that argument is no longer valid.

Right now the only valid argument for my Ex is Section 7 expenses and mobility as I cant see him gaining any traction on gaining majority parenting-time, decision-making or residency of my Son.
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  #17  
Old 04-07-2022, 03:28 PM
arbortrail22 arbortrail22 is offline
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What are you doing to encourage your son to see his father? Are you actively speaking to him about having a dinner or call or anything? Maybe you can all go out together...
Shouldn't your focus be to repair the relationship so that your child has a father in his life?
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  #18  
Old 04-07-2022, 04:38 PM
pinkHouses pinkHouses is offline
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Quote:
Originally Posted by arbortrail22 View Post
What are you doing to encourage your son to see his father? Are you actively speaking to him about having a dinner or call or anything? Maybe you can all go out together...
Shouldn't your focus be to repair the relationship so that your child has a father in his life?

If you go back and read the posts from "Hide From Bush" you will see it has many mentions that the father is very verbally abusive of the child and that those statements are backed up by those that investigated.

Now the father is seeking full decision making in court....abusive as well.
The child said they would kill themselves if they had to go to the fathers. It keeps going.

So Kumbaya isn't about to work, even if they were the last 3 people on earth.
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  #19  
Old 04-08-2022, 11:10 AM
StillPaying StillPaying is offline
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I read it differently. Sounded more like a tit for tat between warring parents, with a kid caught in the middle. I agree with arbortrail22.
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  #20  
Old 04-08-2022, 12:40 PM
Hide on Bush Hide on Bush is offline
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I spoke with duty counsel and two legal aid lawyers who both suggested a summary judgement on everything other than the section 7 as there is still a reason for trial.

Looking through these forums, to submit the summary judgement it would be through a;

Notice of Motion
Affidavit
Factum

That would be it if I’m not mistaken?

I took a sample factum I found on here and have been working on it. It’s quiet lengthy which I am assuming is common. I think the hard part is figuring out what the affidavit should have compared to the factum. I feel like the majority of the factum and affidavit will have generally the same information (with the factum having obviously more)

I don’t know if it was mentioned prior but

- OCL declined participating twice

- CAS ADR was withdrawn because Son refuses to participate so CAS closed the file stating “Child has been given option to determine access with father. Due to child’s claim he will never return to father, risk of harm has diminished. Should such time as child is required to return with father, file will be reassessed”

- Father has stated (in writing) he won’t contact my Son or seek visits until Son wants to go. Son has made it very clear he will never want to go

Last edited by Hide on Bush; 04-08-2022 at 12:51 PM.
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