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    If you want a Motion to change access in Family Court in Ontario, do you always have to do a Case Conference first?

  • #2
    Originally posted by youngdad91 View Post
    I thought it would just be a motion when I filed my motion to change over 3 years ago. To only learn that it was basically a like a fresh application, with the only thing being different is that you already have a final order in place and now have to start afresh from the last order date and proveterial change in circumstances.

    In my case, I still had to have a case conference (with the first one being adjourned by opposing counsel) , multiple settlement conferences, many "to be spoken to dates, and about 6 interim motions (though some went on consent) There has still not been any "motion" to change but the case is settling on consent.

    Don't let the term "motion" confuse you and just think of it as an "application" to change.


    So in my case I started the motion to change... we had a case conference already...
    Other party can now bring a motion at any time? Is that what the interim motion is? Can I bring a motion now for arrears? If I do, do I need another case conference ?


    Sent from my iPhone using Tapatalk

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    • #3
      Originally posted by kate331 View Post
      If you want a Motion to change access in Family Court in Ontario, do you always have to do a Case Conference first?


      Depending on the motion, yes and no.

      If you are filing a motion to change CUSTODY, and it is on CONSENT, no case conference required.

      If you are filing a motion to change CUSTODY and its not agreed to, then yes you will have case conferences.

      If you want to change access outside of your agreement and you are both ok with this then I believe you would simply file an amendment to an order or possibly a motion on consent.

      If you are filing a motion within your matter, for instance a motion for disclosure, thats simply a motion and no cc.

      If you are filing a motion for a decision due to the other party rejected moving the original motion forward then no cc.

      I think you should be a little more detailed. Is this your original motion for your process? Has your ex filed for a change to access?

      Comment


      • #4
        Ok there is a clarification to the question.

        The original motion was to update cs and arrears. The opposing party filed a cross motion for sole custody. OP has amended it to 50/50 and the parties have agreed to OCL involvement which is underway.

        Can the opposing party file an emergency or separate motion to change access times by several hours?

        *it is a legit question and the reasoning behind why there shouldn’t be a change is sound but too detailed to post.

        Comment


        • #5
          My ex threatened a motion because a therapy appointment was booked on his time and he refused to take the child. So I offered to take the child and give him any make-up time. I also need to work out the Holiday Christmas schedule because of my new job as I am the lowest on the seniority list and will not be able to take any time off, so I figured we could possibly do a cross motion, to figure out daycare costs as one child would need a sitter.

          But if a case conference is required sounds like too much $$$. I am very cautious when its comes to legal fees.

          Comment


          • #6
            Originally posted by youngdad91 View Post
            Threatened a motion because a therapy was scheduled on his time ? I feel there is a bit more to this.

            What is the issue with the Holiday Schedule? What are you looking to achieve, and what is he hoping to achieve for Xmas?

            Is daycare needed because of your work schedule on Christmas ? I thought it was needed because of night courses ? Have you already incured any daycare costs and have reciepts or you are just "planning" on hiring daycare ? He doesn't want the extra time though he is indeed seeking 50-50 ?

            A case conference has not already happened in this motion to change ? At what point in time exactly did an order for OCL get made then ?
            Well, there is a bit more, I'm pushing for the Sundays night drop offs to be extended to Monday mornings.

            I am looking to split the Holiday Time 50/50, he wants to keep his EOW status quo. I now need daycare for night school and Christmas. Grandma been doing it for 2 years now, and she sees no end in sight and is burning out. My goal is to eventually hire a full-time Nanny so the kids can be taken to activities, that the ex refuses to do and he can pay for half of that expense.

            We had a case conference way back in the spring to bring a motion for Summer Access, where the ex agreed to 2 weeks, I asked for 50/50, and ended up giving me respite $$$ in lieu of time, my job at that time more flexible.

            I think you are confusing me with Mom 2 Two, we dont have OCL.

            YoungDad, my ex is kicking and screaming he cant take the kids anymore then the court ordered EOW and 2 Thursdays nights a month that a Judge basically forced on him. Why are you trying to insist he wants 50/50 or I wouldn't even be on this forum complaining how unfair the system is.

            After being a stay at home Mom, I have becoming self sufficient and building an exciting career for myself. You know holds me back??? An unfair access schedule!!! And a court system that allows parents to walk away from their resonsibilities. Also after 2 years of being a single Mom, I am just $2,000 short of my ex's salary yearly, that took him years to build, though my own tenacity.

            Thats my vent for tonight

            Comment


            • #7
              Originally posted by youngdad91 View Post
              Well.. seems Mom of two hijacked your thread and inadvertently confused me.

              Why not get a new partner to help out ?
              Mom to Two is welcome to hijack my threads anytime.

              What a great idea!!! Why didnt I think of that before?

              Can you help me write up a ad??? Struggling, Stressed Out, Single Mom with 2 special needs children, who likes her salon appointments and 5 star vacations. Must make a minimum of $500,000 annually and be willing to get married ASAP so I can take all your assets when my kids drive you too crazy to stick it out or I lose interest, whatever comes first . Bio Dad is out of the picture (but I still collect cs) so you will become a loco-parent so I can also collect from you to, once I build up enough status quo.

              What else did I miss???

              Are you available Youngdad? Opps forget it, I read your unemployed, bummer.

              Comment


              • #8
                Originally posted by kate331 View Post
                Mom to Two is welcome to hijack my threads anytime.



                What a great idea!!! Why didnt I think of that before?



                Can you help me write up a ad??? Struggling, Stressed Out, Single Mom with 2 special needs children, who likes her salon appointments and 5 star vacations. Must make a minimum of $500,000 annually and be willing to get married ASAP so I can take all your assets when my kids drive you too crazy to stick it out or I lose interest, whatever comes first . Bio Dad is out of the picture (but I still collect cs) so you will become a loco-parent so I can also collect from you to, once I build up enough status quo.



                What else did I miss???



                Are you available Youngdad? Opps forget it, I read your unemployed, bummer.


                Thanks Kate... ;-). I like your thinking.

                I hope you get all the above and more as you deserve the world!! Your are one of the best moms I know!! And you deserve praise and help and love... and time for you!


                Sent from my iPhone using Tapatalk

                Comment


                • #9
                  Originally posted by youngdad91 View Post
                  Well.. seems Mom of two hijacked your thread and inadvertently confused me.

                  Why not get a new partner to help out ?
                  why should she??? The father should step up and do his part.

                  Comment


                  • #10
                    Originally posted by standing on the sidelines View Post
                    why should she??? The father should step up and do his part.
                    This. It gets really old having to always read through all the ways one person can make up for the other parent, as if it's always up to them to find a way to pick up that person's slack rather than the other person's responsibility to do what they should!

                    Comment


                    • #11
                      Originally posted by blinkandimgone View Post
                      This. It gets really old having to always read through all the ways one person can make up for the other parent, as if it's always up to them to find a way to pick up that person's slack rather than the other person's responsibility to do what they should!
                      you nailed it, that's what a moderator is good for = speaking with persuasion!

                      Comment


                      • #12
                        Originally posted by standing on the sidelines View Post
                        why should she??? The father should step up and do his part.
                        Dad is paying CS, he is doing his part. Seriously. Anybody who pays table CS has no obligation to do anything else as far as I'm concerned.

                        That said..

                        Originally posted by Kate
                        Are you available Youngdad? Oops forget it, I read you're unemployed, bummer.
                        But he's young!

                        Comment


                        • #13
                          Its great to have cs but having a partner to help with the kids is better. Im sure every parent on this forum will agree that marriage woes aside, dealing with kids 24/7 with special needs, illnesses, appointments, homework, fights with siblings, weather, eating, bedtimes etc, is a strain alone. When you have your childs other parent saying forget it, deal with it yourself, you tend to get frustrated and beaten down.

                          Comment


                          • #14
                            Originally posted by Janus View Post
                            Dad is paying CS, he is doing his part. Seriously. Anybody who pays table CS has no obligation to do anything else as far as I'm concerned.

                            That said..



                            But he's young!

                            I gotta disagree. Child support helps cover his portion of the expenses, it doesn't do his parenting for him. The other parent contributes financially but it's not dad's job to do her parenting for her...?

                            Comment


                            • #15
                              Originally posted by youngdad91 View Post
                              He is doing his parenting that is set out in their court order. Court orders are made under the "best interests of the child" criteria.

                              Child support amounts are way over expectorated amounts. It covers more than his "portion". It covers above and beyond both his and the mother's portion combined. I have my 8 year old daughter half the time and I don't even come close to spending half of what I pay for CS.

                              The scenario Kate has is something like the 20's. Stay at home while the father works and brings home money. This is the case here, and the father's work schedule and commitments probably don't allow him to have more time. He pays a very generous financial support to Kate relative to his income. When he is available, i.e., weekends, then he spends quality time with the children. That is their arrangement and is not an unusual arrangement for children in our courts. Every-time such an order is made, it is made on the finding that it is in a child's best interests. The father's "parenting responsibilities" are to exercise his set out parenting times, and pay child support.



                              Why would it be dad's job to do Kate's parenting for her ? Dad's job is to work and pay child support, and look after the children every other weekend.

                              Our circumstances changed when the ex traded me and the kids in for the single life. What about my work/school schedule? Or maybe I should have continued to stay home and get ss for a few years?? BTW, my ex works Saturday's so he can have Fridays off, so its his gf that is parenting, not him. I did not agree to this, I agreed to a 50/50 schedule. A Judge gave him an ultimatum or he would have had to pay respite care on top of his cs, taking the children any less time.

                              Comment

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