Originally posted by Doctor Martins
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Tayken, please review Motion to Change..
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So you live with your grandfather and you are thinking about moving closer to the mother of the child?
The mother of the child has/is presenting things from her own perspective and you are citing case law. My guess is that this will be a long process with many delays.
What, specifically, is your "material change of circumstances" - not what you hope to do (move closer)?
This is what we call "cutting through the bullshit" I'm afraid - no offense but long, rambling documents are but merely a smokescreen.
I like to get to the point and I'm sure a judge hearing your case will think likewise.
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Originally posted by arabian View PostSo you live with your grandfather and you are thinking about moving closer to the mother of the child?
The mother of the child has/is presenting things from her own perspective and you are citing case law. My guess is that this will be a long process with many delays.
What, specifically, is your "material change of circumstances" - not what you hope to do (move closer)?
This is what we call "cutting through the bullshit" I'm afraid - no offense but long, rambling documents are but merely a smokescreen.
I like to get to the point and I'm sure a judge hearing your case will think likewise.
Over the past year things have materially changed in that the original order is no longer relevant to anyway things have been the past year.
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I read case on CanLii where father lived with parents and was successful in obtaining sole custody of his child with generous/fair access to child's mother. One of the strongest points of his argument was his parent's involvement in child's life. If I recall he lived in the Niagara region. Wouldn't be too difficult to find his case on CanLii should you so desire. I recall he outlined, specifically, the benefits his parents played in child's life.
You can't camouflage these things. Address them directly.
With change of circumstances you have to be able to be VERY specific on what exactly has changed.
You really should seek legal counsel.
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Originally posted by trinton View Postwhat type of hearing? focus hearing re: material change? final hearing? trial ??? what's the settlement conference for? not understanding why settlement conference would be after final hearing.
I too am confused as to the status of this poster's legal situation....
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Originally posted by trinton View Postwhat type of hearing? focus hearing re: material change? final hearing? trial ??? what's the settlement conference for? not understanding why settlement conference would be after final hearing.
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Originally posted by kate331 View PostDo you have joint custody? Or does that even matter when it comes to access? Family law is so confusing
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Originally posted by Doctor Martins View PostThe Applicant Mother has on many occasions argued that there is an imbalance of power. The true imbalance of power is our three and a half year old daughter _________ _________ who has no voice. It is not about father’s rights, or mom’s rights. It’s about _________’s rights to have BOTH parents in her life.
Originally posted by Doctor Martins View PostIn truth, neither father’s nor mother’s rights actually matter in the situation. _________ is deprived of rights when she is deprived of both parents equally. Fathers and Mothers are both key to the development of children. The "tender years doctrine" is dead and no longer relevant in Canada.
Originally posted by Doctor Martins View PostEven on a first appearance equal parenting time has begun to be recognized. Reference: Coe v. Tope, 2014 ONSC 4002 https://www.canlii.org/en/on/onsc/do...4onsc4002.html
Originally posted by Doctor Martins View PostThis is a well thought out decision by Honourable Mr. Justice Pazaratz that relied on 9 direct citations in CanLII.
Originally posted by Doctor Martins View PostB) UNCOOPERATIVE PARTY
2) Much like the saying “those who seek power are the ones who should least have it”, the Applicant Mother only seeks sole custody on her terms while rejecting all forms of mediation and compromise.
1. I have attempted to canvas the Applicant's input on how the matter of our daughter's custody and access could be arranged and to this date have not recieved a response. I have sent (number of emails) emails to the Applicant on day, month, year, day, month, year, (list them all). Please find attached to this my affidavit true photostatic copies of these emails marked as Exhibit "A".
Is this an affidavit or your Response to the application or a request for a motion? Hard to tell. It's a real dog's breakfast.
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Originally posted by Doctor Martins View PostOK there was an early final agreement on access. That situation has greatly changed. Custody and child support have not been determined.
I hate to be a buzzkill on this but, its about as easy to change as Donald Trump's opinion at times.
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Originally posted by Doctor Martins View PostFinal for access.. interim for custody..
A "final order" is just that a final order. No coming back unless you meet the incredibly high standards of a "material change in circumstance".
An "interim order" is a temporary order until a "final" order is issued on the matter.
If the access has been settled on consent and marked as "final" it is final. It can only be changed if there has been a "material change in circumstance".
You realizing you made a mistake is not material. How you feel is not material.
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