Hi
I have put an Application into the court to help determine a dispute over access. It's a long story but in a nutshell my ex is not agreeing to allow me to have my two son's overnight during the week (I already have them for two nights as "visits". She had been breastfeeding and I wasn't living close. In August, she stopped breastfeeding (she claimed she was going to until April) and I know live 10kms away. I believe she is fighting because of the child support issue - even though this is nothing about that for me; it's about quality time.
I filed an application on October 27 and served her. A first appearance is set for December 14. I have not received a response. I have a couple of questions:
1) Since Oct 27, I have purchased a home 3kms away from her home in the same city which closes Feb 25. I am renting in the adjacent city 10kms away. Does this make a difference and should I/can I amend the application before the first appearance?
2) The application asks for two nights a week and every other weekend - this is around the 40% mark. Is this considered 50/50 by the courts? If not, can I change to request 50/50?
Thanks for your help.
Adam
I have put an Application into the court to help determine a dispute over access. It's a long story but in a nutshell my ex is not agreeing to allow me to have my two son's overnight during the week (I already have them for two nights as "visits". She had been breastfeeding and I wasn't living close. In August, she stopped breastfeeding (she claimed she was going to until April) and I know live 10kms away. I believe she is fighting because of the child support issue - even though this is nothing about that for me; it's about quality time.
I filed an application on October 27 and served her. A first appearance is set for December 14. I have not received a response. I have a couple of questions:
1) Since Oct 27, I have purchased a home 3kms away from her home in the same city which closes Feb 25. I am renting in the adjacent city 10kms away. Does this make a difference and should I/can I amend the application before the first appearance?
2) The application asks for two nights a week and every other weekend - this is around the 40% mark. Is this considered 50/50 by the courts? If not, can I change to request 50/50?
Thanks for your help.
Adam
Comment