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Hello all. New to this site. Does anyone know how long it takes to establish a status quo? Thanks.
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Be very careful, and document everything in as indisputable a manner you can manage. I had my son 45% of the time for 20 months, but it wasn't in a court order. The court order was just reasonable access, but my ex and I worked it out between ourselves. I documented every day I had him, and it still didn't matter. After almost 2 years of having my son 45% of the time, my ex moved 250 km away with him. The judge gave me every other weekend, and one week in the summer. I argued status quo, but the judge just said that my new order was better than my old order. Apparently, instead of working with my ex for those 20 months, I should've clogged the court system up even more than it already is. The way my son's actual life was before the move didn't matter at all when compared to an 8 year old court order. -
This also happened to my husband. On paper it said he had them EOW + Wed. But he actually had them 40-50% of the time. During the divorce proceedings, the only thing that mattered was what was on paper.
Lesson learned: No more verbal agreements.Comment
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Is is still considered a "status quo" if it is a result of a temporary and without prejudice court order and the delay making a motion for access was waiting for the OCL to finish their custody and access evaluation?Comment
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is it? yes. Are the mitigating factors taken under account? Yep.
Look at WorkingDad's canlii decision. He was able to overcome a year and a half of established status quo, simply because it was established under false pretenses. He successfully broke a year + of established status quo because the mother was a moron.Comment
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Originally posted by NBDad View Post
Would you mind providing a link to that decision? Thank you very much.Comment
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