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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 04-06-2021, 07:20 AM
Ange71727 Ange71727 is offline
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Hi everyone,

Just completed the second round of custody evaluation. First round was completed the week the world shutdown last year and a judge granted me leave to seek an updated one ahead of trial in May of this year, based on the fact that too much time has passed, and many things have transpired over the year, including criminal charges for my ex, breaches of conditions, emotional stress on my children, etc.
The report turned out largely in my favour as the children have been subjected to a lot over the last year and they spoke up about it (feeling pressured, badmouthing of mom, being lied to, etc).
One child is adamant about not increasing time at dads house. The other child leans to a schedule that allows a minimal amount of extra time for dad, but suggests that they are unsure about it and recounts many situations in which theyve been pressured by dad and dont want to be subjected to the negativity when at dads.
In cases where the children dont explicitly agree (although the one child is not very firm in their wishes), is a judge going to want to settle on one schedule for both children? Would they gravitate to the child whose wishes are more firm? I know nobody has a crystal ball, but just wondered if anyone has been in a similar situation.
I should mention that my children are teenagers (13,15).


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Old 04-06-2021, 01:11 PM
rockscan rockscan is offline
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I have no helpful information on this request but Im glad your kids were able to speak freely and express their concerns. Especially if your ex is going to claim he deserves more time. Plus your kids are much older than they were back during the last go round. Fingers crossed that this assessment goes far with a judge and the crap with your ex either stops or gets shut down further. The problem with him is he has that ego and lack of responsibility.


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Old 04-09-2021, 07:41 PM
Ange71727 Ange71727 is offline
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The day after the VOC came out they asked for an adjournment. They need more time to deal with his criminal matters. Unfortunately this just drags the matter out further. Looks like September now if he dares to pursue this to court when one child is adamant about not increasing his time.


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Old 04-11-2021, 07:05 PM
vocalfather vocalfather is offline
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Quote:
Originally Posted by Ange71727 View Post
The day after the VOC came out they asked for an adjournment. They need more time to deal with his criminal matters. Unfortunately this just drags the matter out further. Looks like September now if he dares to pursue this to court when one child is adamant about not increasing his time.


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Hey Ange71727,

Im in a similar predicament right now. Im curious why the OCL would be ordered over a VOC in a case? My kids with similar ages had the OCL ordered instead of a VOC.


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Old 04-12-2021, 08:07 AM
Ange71727 Ange71727 is offline
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Quote:
Originally Posted by vocalfather View Post
Hey Ange71727,

Im in a similar predicament right now. Im curious why the OCL would be ordered over a VOC in a case? My kids with similar ages had the OCL ordered instead of a VOC.


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Im not sure. I was told that OCL would take longer and may not take on every case. The VOC was through a private assessor so we paid for it ourselves. OCL will assess the same things but its just publicly funded, I believe. How long has the process been for you?


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