Announcement

Collapse
No announcement yet.

Sample Application + motion

Collapse
This topic is closed.
X
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Sample Application + motion

    Would anybody have a good sample for an Application and a motion (preferably for access) that can send my way so I can use to create my own?

    Thank you in advance.

  • #2
    Is the only issue Access--what about your coextensive obligation at the birth of your child? That being Custody and incident thereto....

    What I'm saying is your "Application" subsequent "Answer" and follow up "Reply" will be the foundation of your case....

    Comment


    • #3
      I'm sorry logicalvelocity. I'm new to this.

      I know that the application will have my whole case, however, I thought you also have to file a separate motion for temp. order for access (to get the earlier hearing for interim rulling)

      or is it all in the application ?

      Comment


      • #4
        Originally posted by Underdog View Post
        I'm sorry logicalvelocity. I'm new to this.

        I know that the application will have my whole case, however, I thought you also have to file a separate motion for temp. order for access (to get the earlier hearing for interim rulling)

        or is it all in the application ?
        So what your saying in effect the child/children are living with the other parent on acquired consent --The children's access survives separation. With me, When verbal requests went rejected - I switched to scribe reasonable requests of the children's access. Same time I made sincere requests of information pertaining to the health welfare and education.

        Comment


        • #5
          Do you have examples of these motions ? or requests ?

          It would be a lot easier for me if I saw an example of the format, how court documents where structured, where you quoted case law...etc.

          As I have yet to even see such court documents. So I have a big learning curve that will be made easier by examining completed court documents.

          Comment


          • #6
            With me - Reasonable requests for OUR child's access were by email and letters. I documented denials. I was forced to seek court assistance when the denial of access by the other parent was unacceptable. I attached these emails to Case Conference Briefs as Schedules and further Exhibits to Affidavits.

            Comment


            • #7
              Originally posted by logicalvelocity View Post
              With me - Reasonable requests for OUR child's access were by email and letters. I documented denials. I was forced to seek court assistance when the denial of access by the other parent was unacceptable. I attached these emails to Case Conference Briefs as Schedules and further Exhibits to Affidavits.
              Great, I too have it all documented in emails and text messages. However, unlike you at that point, I have yet to take my ex to court.

              Mediation failed just 2 weeks ago and the fact that she is denying me access is why I'm taking her to court. Hence my need for information on how to initiate an application and the other pieces of the courtroom puzzle before I get to the case conference.

              Comment


              • #8
                Originally posted by Underdog View Post
                Great, I too have it all documented in emails and text messages. However, unlike you at that point, I have yet to take my ex to court.

                Mediation failed just 2 weeks ago and the fact that she is denying me access is why I'm taking her to court. Hence my need for information on how to initiate an application and the other pieces of the courtroom puzzle before I get to the case conference.
                Great you attended mediation - Access surely must of been discussed. Whats their views for denials.

                Comment


                • #9
                  She is sneaky. She waited until the mediation was halted before denying access. Or I should say, her sleazy lawyer is the sneaky one.

                  4 months in mediation, and nothing to show for it. Just a visitation agreement, which now is denied.

                  To my ex and her lawyer, mediation was a reconnaissance mission and a way to kill time until status quo is established. As there is no agreement on custody. (I conditioned the current arrangement on the fact that our daughter was still breastfeeding. She just weaned her off.)

                  I sent her 2 settlement offers - no response - This is going to court next week.

                  Comment


                  • #10
                    Originally posted by Underdog View Post
                    She is sneaky. She waited until the mediation was halted before denying access. Or I should say, her sleazy lawyer is the sneaky one.

                    4 months in mediation, and nothing to show for it. Just a visitation agreement, which now is denied.

                    To my ex and her lawyer, mediation was a reconnaissance mission and a way to kill time until status quo is established. As there is no agreement on custody. (I conditioned the current arrangement on the fact that our daughter was still breastfeeding. She just weaned her off.)

                    I sent her 2 settlement offers - no response - This is going to court next week.
                    So you have shown that as a parent to your child - you co-operated with the other parent throughout breastfeeding. Good.

                    However, it appears they are a position of Tender Years. Have they offered any access in lieu? What I'm saying is your child needs to get to know YOU in addition to the other parent and for that to happen some sort of access has to prevail. How old is your child?

                    Comment


                    • #11
                      My daughter is 11 months old

                      She is weaned off breastmilk - but will the court determine that our daughter is better off with the mother most of the time because of her tender age.

                      I was laid off 3 months before separation and I'm planning on starting a home-based business after a year of taking online courses. So I will have the time to take care of our daughter, while my ex's mat leave is ending and she will have to go back to work in a month.

                      I'm also having my parents come and live with me. My mother was a Family nurse for 30 years and dealt with kids extensively. My dad was a teacher and understands child development.

                      So the idea is to increase access by providing my daughter with a fantastic daycare. With three adults being at her service. Myself and my parents.

                      Comment


                      • #12
                        Originally posted by Underdog View Post
                        My daughter is 11 months old

                        She is weaned off breastmilk - but will the court determine that our daughter is better off with the mother most of the time because of her tender age.

                        I was laid off 3 months before separation and I'm planning on starting a home-based business after a year of taking online courses. So I will have the time to take care of our daughter, while my ex's mat leave is ending and she will have to go back to work in a month.

                        I'm also having my parents come and live with me. My mother was a Family nurse for 30 years and dealt with kids extensively. My dad was a teacher and understands child development.

                        So the idea is to increase access by providing my daughter with a fantastic daycare. With three adults being at her service. Myself and my parents.
                        Good Parenting Plan for your daughter with what appears to be some proud extended family in the background to assist. What are your skills as a parent is this your first child? What sort of access did the other side offer in lieu of your plan of care? Is there any access currently?

                        Comment


                        • #13
                          Since separation and during mediation I had 2 visits a week - 3 hours per visit.

                          My daughter is my and my ex's first and only child.

                          In anticipation of such a plan, my ex continuously claimed during mediation (open mediation) that I'm unable to provide care for Niyah.

                          She supervised my visits at the beginning of mediation and later stopped because she was trusting complete strangers to babysit our child and was supervising my visits with no proof to her claims.

                          I have 2 neighbours affidavits stating that I'm good with their kids who are close to my daughter's age.

                          and I'm going to parenting programs in the local Early years centre.

                          My ex never heard this plan before. In mediation she suggested that I at one point after 12 to 18 months could get a weekend every two weeks . When our daughter is 2 to 2.5 years old because by then she will be able to verbalize her needs (hinting that I'm not able to pick up on my daughters signals of hunger, tiredness, sickness...etc.)

                          Experts say that even at age 2 or 3 kids are still not able to communicate exactly want they feel or need. Weak argument.

                          Comment


                          • #14
                            So without saying - It appears the child's mother is position of tender years. Graduated regime spanning years.

                            On the face it's not clear which Expert you are referring - Are you aware of highly cited Joan B. Kelly, Micheal E. Lamb - USING CHILD DEVELOPMENT RESEARCH TO MAKE APPROPRIATE CUSTODY AND ACCESS DECISIONS FOR YOUNG CHILDREN

                            I realize support shouldn't be an issue but have you been helping out the children's mother financially...

                            Comment


                            • #15
                              No I'm not aware of Joan B. Kelly and M. Lamb... But I will look into that right away... Found this:
                              http://www.deltabravo.net/custody/overnights.php

                              Which is absolutely Wonderful! and glad they are widely cited. Thank you Logicalvelocity

                              Yes... I was advised by the mediator to pay her child support and I did. Actually the last payment was 2 hours ago for the month of April, based on my income from EI.

                              Comment

                              Our Divorce Forums
                              Forums dedicated to helping people all across Canada get through the separation and divorce process, with discussions about legal issues, parenting issues, financial issues and more.
                              Working...
                              X