Announcement

Collapse
No announcement yet.

sc/tmc upcoming fast

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • sc/tmc upcoming fast

    Hello, my next court date is a combined sc/tmc and it's coming fast, mid of June, here is my brief situation:
    - I have access every Wednesday evenings and every other weekend from Friday 5pm to Sunday 8pm.
    - my ex is a high conflict person, she doesn't share anything related to our kids (son is 2.5 years old, daughter is 8 years old), she made multiple false allegation in the past involving police few times, no charges.
    - child support has been paid since day one and it's not an issue, no spousal support.
    - we live very close each other, in the same school quadrant.

    What I want:
    - I'm looking to increase access but this is not a priority right now, custody is number 1 priority
    - holiday schedule setup, including having the kids 50/50 during the summer vacation, not sure if judge will agree
    - I want to offer her to use "our family wizard" tool to improve communication towards kids
    - joint custody 50/50 and equal parenting
    - due to the fact she doesn't cooperate in any way regarding our kids I'm looking to offer parallel parenting
    - I aim to trial if I don't see any positive results towards joint custody
    - should I ask the judge to make an order for OCL to release all source material regarding clinical investigator's report?

    Tayken and others with sc/tmc experiences please need your advice, procedures forms to be filled, can I update my net family property statement as well?
    What's best approach regarding proposing joint custody/parallel parenting? It has to happen now or at trial? Thanks
    Last edited by paco; 05-11-2014, 03:05 PM.

  • #2
    any help here please

    Comment


    • #3
      Judge isn't going to change the status quo unless there's a good reason. I haven't seen one from above.

      I have no idea what you two made for an agreement on. She may of given up spousal to get the custody.

      Unraveling the agreement to "cherry pick parts" will be difficult because you want 50-50 and even if you were lucky to get 50-50 (and re-open the agreement) your faced with an offset in CS. Her Income your income and equalized.

      Now that your current financials are in you CS will probably go up. (usually happens)

      Our Divorce Wizard is good idea for High Conflict....you can document (over the years why you should have 50-50)

      You need offers to settle and direct everything to mediation before what I see is a crash and burn

      Comment


      • #4
        Originally posted by MrToronto View Post
        Judge isn't going to change the status quo unless there's a good reason. I haven't seen one from above.

        I have no idea what you two made for an agreement on. She may of given up spousal to get the custody.

        Unraveling the agreement to "cherry pick parts" will be difficult because you want 50-50 and even if you were lucky to get 50-50 (and re-open the agreement) your faced with an offset in CS. Her Income your income and equalized.

        Now that your current financials are in you CS will probably go up. (usually happens)

        Our Divorce Wizard is good idea for High Conflict....you can document (over the years why you should have 50-50)

        You need offers to settle and direct everything to mediation before what I see is a crash and burn
        What would be that good reason that a judge would change status quo?
        there is no agreement.
        what about parallel parenting, it's for high conflict cases?
        Last edited by paco; 05-13-2014, 10:11 PM.

        Comment


        • #5
          You'll have to do some real hard studying in CANll (caselaw) on successful changes in access arrangements

          Our Family Wizard to document interactions between you and ex

          Prove a "change in circumstances" which is very hard to make a Judge believe especially with a snowstorm of protests from ex that's been following the status quo with or without an agreement.

          You have to be sincere about 50-50 with or without "the money" involved, you can't have 3 pages of material all about money and nothing for a parenting plan

          Mediation could work if your ex is satisfied her household won't be affected by a 50-50. If 50-50 means the kids go without at her house...hmmm not even Judges will go for it.

          gradually increasing access may work you may get that from a Judge..if you say there is no separation agreement.

          If you live close to ex the kids will as they grow come over more, full time school will start so daycare isn't such as hassle. Things take time to change.

          Comment


          • #6
            Originally posted by MrToronto View Post
            You'll have to do some real hard studying in CANll (caselaw) on successful changes in access arrangements

            Our Family Wizard to document interactions between you and ex

            Prove a "change in circumstances" which is very hard to make a Judge believe especially with a snowstorm of protests from ex that's been following the status quo with or without an agreement.

            You have to be sincere about 50-50 with or without "the money" involved, you can't have 3 pages of material all about money and nothing for a parenting plan

            Mediation could work if your ex is satisfied her household won't be affected by a 50-50. If 50-50 means the kids go without at her house...hmmm not even Judges will go for it.

            gradually increasing access may work you may get that from a Judge..if you say there is no separation agreement.

            If you live close to ex the kids will as they grow come over more, full time school will start so daycare isn't such as hassle. Things take time to change.
            How can I approach parallel parenting on my next court date as a settlement offer? Right now I'm looking for joint custody but obviously looks like this one is not going to work, can we go through a mediation process before or after sc/tmc?

            Sent from my SGH-I717D using Tapatalk

            Comment

            Our Divorce Forums
            Forums dedicated to helping people all across Canada get through the separation and divorce process, with discussions about legal issues, parenting issues, financial issues and more.
            Working...
            X