We are scheduled for our first case conference in two weeks and I want to be prepared and proactive. What do I need ?
I'm applying for sole custody - he wants joint and shared parenting.
I am also asking for supervised access to continue (after his arrest in March for purchasing drugs while in a caregiving role) and because our child has said she does not want to see him alone because "she is afraid to be alone with her father because he may yell at her but she knew if someone was there he would not." amongs other reasons.
Question1 : To show the judge why it would be in our childs best interest to stay with me - do I need to show I am the best and most fit parent and am doing everything in my child's best interest to give her stability and a good and healthy enviornment?
Tell me if I'm on the right track by bringing these to CC.
1. I'm working on a parenting plan for our child to show what I currently am/can offer to our child.
2. Bring documentation to show what I have done with my daughter re her homework, and that he has not done his part regarding her schoolwork, projects, etc. and I had to complete them with her when she came home to me. (from Nov -mid Mar 2009 we had shared parenting).
3. School end report card states she's more focussed at school because of the more stable environment.
4. Summary report from Yellow Brick House Counsellor for our child which says besides the verbal and psychological abuse she's suffered, our child does not want to see her father unsupervised. How much weight does this have at the CC level ?
5. I have to go to CINOT to get dental coverage because he cancelled our medical/dental coverage and she needs to get extractions and work done.
6. That being part of our faith, we go to church every Sunday, and during the times prior when he had access to her - he refused her requests to go to church to pray.
7. I have more support evidence.
QUESTION 2
Is this going to be enough to provide my case and at the case conference, can the judge rule for sole custody then ? (or what are the chances of at least getting temporary sole custody)
QUESTION 3
Will the judge be able to order for the ex to help give at least some kind of child support ? He has not given anything.
QUESTION 4
I have recordings of his conversation with my daughter - can that be used as evidence to the judge ? She refuses to speak with him without me acting as a buffer to step in if the conversation becomes too intense or uncomfortable for her.
QUESTION 5
Should I produce letters from witnesses stating what they know/seen first hand as facts to present to the judge at CC to be shown as evidence of his abuse of my daughter (and myself). They are willing to appear and testify on my daughter's behalf and show his unco-operative attitude regarding our daughter's needs..e.g. witholding her clothes that he had in his keeping and refusing to give them to her making it conditional upon her calling him. I had to go out and buy clothes rather than having her be subject to his controlling behaviour.
They are also witness to him being antagonistic towards me in front of her and making our child witness to that antagonism and agressiveness still. Everything with him is a fight.
Help me please. What do I need to do to make sure that I bring all the right things to the CC table to the judge so things can be decided at least pertaining to my daughter. I know he will fight me on the custody - but can the judge at least grant me temporary given the facts ?
I have also asked that we sell the matrimonial home and divide the property assets.
QUESTION 6.
The Ex has asked that we go for family counselling. I told my lawyer that I was not comfortable with it given his abuse of both of us, and also that twice when we had marriage counselling - the first time he walked out, the second time he said he "just wanted it on record" that he had attended.
She has advise me that it would not be looked favourably by the courts if I did not agree. Is that true ?
I told her that I would consider it after talking with my daughter's counsellor to see what she believes would be in our child's best interest.
QUESTION 7
When I originally filed, I shuddered at the Divorce word, and only wanted to do the separation. Can I add that at the case conference. There will be no reconciliation.
I'm applying for sole custody - he wants joint and shared parenting.
I am also asking for supervised access to continue (after his arrest in March for purchasing drugs while in a caregiving role) and because our child has said she does not want to see him alone because "she is afraid to be alone with her father because he may yell at her but she knew if someone was there he would not." amongs other reasons.
Question1 : To show the judge why it would be in our childs best interest to stay with me - do I need to show I am the best and most fit parent and am doing everything in my child's best interest to give her stability and a good and healthy enviornment?
Tell me if I'm on the right track by bringing these to CC.
1. I'm working on a parenting plan for our child to show what I currently am/can offer to our child.
2. Bring documentation to show what I have done with my daughter re her homework, and that he has not done his part regarding her schoolwork, projects, etc. and I had to complete them with her when she came home to me. (from Nov -mid Mar 2009 we had shared parenting).
3. School end report card states she's more focussed at school because of the more stable environment.
4. Summary report from Yellow Brick House Counsellor for our child which says besides the verbal and psychological abuse she's suffered, our child does not want to see her father unsupervised. How much weight does this have at the CC level ?
5. I have to go to CINOT to get dental coverage because he cancelled our medical/dental coverage and she needs to get extractions and work done.
6. That being part of our faith, we go to church every Sunday, and during the times prior when he had access to her - he refused her requests to go to church to pray.
7. I have more support evidence.
QUESTION 2
Is this going to be enough to provide my case and at the case conference, can the judge rule for sole custody then ? (or what are the chances of at least getting temporary sole custody)
QUESTION 3
Will the judge be able to order for the ex to help give at least some kind of child support ? He has not given anything.
QUESTION 4
I have recordings of his conversation with my daughter - can that be used as evidence to the judge ? She refuses to speak with him without me acting as a buffer to step in if the conversation becomes too intense or uncomfortable for her.
QUESTION 5
Should I produce letters from witnesses stating what they know/seen first hand as facts to present to the judge at CC to be shown as evidence of his abuse of my daughter (and myself). They are willing to appear and testify on my daughter's behalf and show his unco-operative attitude regarding our daughter's needs..e.g. witholding her clothes that he had in his keeping and refusing to give them to her making it conditional upon her calling him. I had to go out and buy clothes rather than having her be subject to his controlling behaviour.
They are also witness to him being antagonistic towards me in front of her and making our child witness to that antagonism and agressiveness still. Everything with him is a fight.
Help me please. What do I need to do to make sure that I bring all the right things to the CC table to the judge so things can be decided at least pertaining to my daughter. I know he will fight me on the custody - but can the judge at least grant me temporary given the facts ?
I have also asked that we sell the matrimonial home and divide the property assets.
QUESTION 6.
The Ex has asked that we go for family counselling. I told my lawyer that I was not comfortable with it given his abuse of both of us, and also that twice when we had marriage counselling - the first time he walked out, the second time he said he "just wanted it on record" that he had attended.
She has advise me that it would not be looked favourably by the courts if I did not agree. Is that true ?
I told her that I would consider it after talking with my daughter's counsellor to see what she believes would be in our child's best interest.
QUESTION 7
When I originally filed, I shuddered at the Divorce word, and only wanted to do the separation. Can I add that at the case conference. There will be no reconciliation.
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