Was it explicitly included in the order that you can't attend classes on Mom's time? That is ridiculous, except in cases of high conflict. You have said there is high conflict, and the order of sole seems to reflect this, but no OCL? I can totally understand your frustration here. I don't understand why you lost the middle of the week overnight either. Did they gve a reason?
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Sole Custody
Originally posted by billiechic View PostWas it explicitly included in the order that you can't attend classes on Mom's time? That is ridiculous, except in cases of high conflict. You have said there is high conflict, and the order of sole seems to reflect this, but no OCL? I can totally understand your frustration here. I don't understand why you lost the middle of the week overnight either. Did they gve a reason?
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Originally posted by riverbag View PostI can't find any activities that are every second weekend and her Mother won't agree to take her to activities I sign her up for. I had signed her up for activities during my access, but since that has diminished and her Mother won't take her to those activities and plans to sign her up for other activities that I cannot attend...I guess I'm sunk.
Additionally, surely, the other parent will accommodate information requests concerning your child and their health, welfare and education. Again, if the refuse and hinder, doesn't look good.
One good thing is Rubber Stamp access seems to have survived suggesting that you present no harm to your child. I know a few parent's that are shut out of their children's life, completely on untested material.
If the recent ordered regime is not working out to the benefit of your child, and their best interest, one could bring forth a variance under Section 29 of the CLR, but, the heavy onus would rest with the Applicant and their application for change to demonstrate.
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Originally posted by logicalvelocity View PostTake her to activities when your child is in your care. Many organizations would accommodate such bi-weekly situations. Request progress reports concerning said activities already in place which they, your child, are already enrolled. Hopefully, the other parent will follow through the previous enrolled commitment and take your child on their time. Doesn't look good if they refuse to co-operate.
Additionally, surely, the other parent will accommodate information requests concerning your child and their health, welfare and education. Again, if the refuse and hinder, doesn't look good.
One good thing is Rubber Stamp access seems to have survived suggesting that you present no harm to your child. I know a few parent's that are shut out of their children's life, completely on untested material.
If the recent ordered regime is not working out to the benefit of your child, and their best interest, one could bring forth a variance under Section 29 of the CLR, but, the heavy onus would rest with the Applicant and their application for change to demonstrate.
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Looks like you are going to have to have her need for counselling documented and then file a motion to allow counselling. The court CAN do this, they ordered my ex to consent to counselling in a temp order.
You can still take her to the doctor on your time, or she can go to a counsellor at school. If this is affecting her as much as you say it is, then there are ways to get her help without looking like a bad guy (which is how mom is trying to paint you). Your daughter needs to be strong enough to identify that this new schedule is emotionally traumatizing her and express it to someone outside her family (making her sad, or whatever she says to you)
Schools have groups for divorced kids and kids from alcoholic families (Rainbows, Al Anon etc). Just becasue you are NCP doesn't mean you can't brng up your concerns with her teacher and get them on board.
Just make sure they know this is about your daughter, and only that. It can't be about the appeal, or it isn't going to help. You need to focus on healing her from this divorce.
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Originally posted by billiechic View PostLooks like you are going to have to have her need for counselling documented and then file a motion to allow counselling. The court CAN do this, they ordered my ex to consent to counselling in a temp order.
You can still take her to the doctor on your time, or she can go to a counsellor at school. If this is affecting her as much as you say it is, then there are ways to get her help without looking like a bad guy (which is how mom is trying to paint you). Your daughter needs to be strong enough to identify that this new schedule is emotionally traumatizing her and express it to someone outside her family (making her sad, or whatever she says to you)
Schools have groups for divorced kids and kids from alcoholic families (Rainbows, Al Anon etc). Just becasue you are NCP doesn't mean you can't brng up your concerns with her teacher and get them on board.
Just make sure they know this is about your daughter, and only that. It can't be about the appeal, or it isn't going to help. You need to focus on healing her from this divorce.
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Originally posted by billiechic View PostMy daughter asked me again last night if mommy and daddy could get back together. It's been a year and a half. She's ALWAYS going to want us together, since that means she doesn't have to have only 1 of us. This is normal for every child of divorce.
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"The new order has me seeing them 1 day a week for 2 hrs, every second weekend and 1 5 min call every week.......plus I have no say in how they are raised."
That's BS and I feel bad for you. I have only been going through this stuff for a few months but it pisses me off to see this happen. The common theme seems to be 1) get the other kicked out 2) don't let them see the kids 3) trash their parenting and every aspect of them as a person 4) run their ass into the ground in court costs 5) alienate the kids 6) go for as much support as possible by using status quo to keep their access low and their payments high.
I wish the laws were different but as it stands the law allows the 6 points I list above to be a pretty good method for getting the kids and the money.
My situation turned out better as I settled on 50/50 access, but my ex definitely tried to pull off the same thing.
Best of luck to you.
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When I think of all the evidence supporting my claims and the complete lack of evidence supporting my EX's claims, it makes me hopeful.
Then I come here and read about riverbag's posts and that feeling of hope does a complete 180.
Then I think about the ones who ending up taking the brunt of decisions such as this: the kids, and it makes me incredibly sad.
The "BEST INTERESTS OF THE CHILDREN" is the ONLY test! Status quo is only one consideration in determining the BIOTC so it should hold some weight in a decision. However, it should not be the dominating factor unless all other considerations are relatively equal and the weight of the status quo should be greatly diminished when the status quo was achieved through lies and manipulation, and actions by the manipulating party that were not in the BIOTC.
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Update
I haven't been here in a while as the Court Battle is over but I thought an update would be interesting for those who are still in it. It's been 3.5 years and the children are still living with their Mother. She has moved them 3 times and I have recently been informed that they are moving again. She is leaving her live in boyfriend of 1.5 years and is changing the children's neighborhood, school and daycare provider for the 4th time. My relationship with the children is great and while I would like to see them more, I haven't received any difficulty from their Mom when I pick them up or if they want to call me (I also pay support every month and this is why I believe she fought for the children). Outside of the lack of stability in their lives, the only other issue I have is the way their Mom disregards their health on some occasions (ie doesn't take them to a doctor when their eye is infected, doesn't always administer the medication, doesn't follow up with doctor or professionals, doesn't provide medication when the children come to my place...etc) I am able to work around that by staying involved with the Dr and Professionals and by purchasing second prescriptions when I can. My children know I am there for them and that I will always be there. I continue to provide stability and structure for them when they are with me so in the end, they will have their Father and I will be happy
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Awesome to hear that you continue to actively take part in their lives.
Don't ever change that! They need their Dad - even if it is only once a month. To be there each and every time without fail is a rock solid foundation they will hold anchor to forever.
The ex moving around an unreasoable amount IS reason to go back to court, should you want to open that can of worms again. Maybe its not enough to do so right at this moment - but a few more years down the road if it continues, perhaps you should consider doing just that.
All the best to you, Riverbag!
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The final move without repercussions
I agree that too much moving isn't good for the children but this final move is back to the original neighborhood and the first school for my oldest which has all her friends so I welcome it, but should another move take place within the next 12 months I'll be filing papers. I AM the ONLY stability in their young lives and if she cannot provide a more stable environment for them I will seek changes.
Thanks again for the support everyone,
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