Originally posted by quake
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Originally posted by quake
Originally posted by quake
Some things to emphasise to the judge:
-you're commitment to your daughter driving 4 hours every week just to see her for 3 hours
-importance of close relationship with daughter for her well-being
-principle of maximum contact with each parent
-importance of being involved in daily routine of daughter (e.g. feeding her, getting her ready for bed, getting her up in the morning) vs. being a "disneyland" dad who only goes to the mall with her
-address concerns re long car trip up front - explain to judge plans to keep her entertained - maybe bring a family member to help on the journey or have some sort of entertainment (e.g. dvds) for your daughter
-make sure you explain to the judge what facilities you have at your new place
Originally posted by quake
I'd double check to ensure that a factum is really needed. The Family Law Rules don't require it, but there may be a local practice direction where you live.
I don't know all the details of your case obviously, but the law in most child custody cases is quite simple: the best interests of the child. There's not too much more you could put in your factum. So, unless there's a local practice direction that requires a factum, I don't think it makes sense to do one.
I'd look through the article you cited at:
http://www.ottawadivorce.com/forum/s...40&postcount=4
and get a copy of all the cases in there that are favourable to you - in particular cases where children approximately your daughter's age was allowed overnight or other extended access. You could put all these cases together in what is known as a "case book" and serve this on your wife's lawyer and file it with the court. Then, at the motion, you'd be able to go through these cases with the judge and explain how they're similar to your case.
I do think that you should also ask for an assessment (preferable) or the Children's Lawyer. If you're successful at this motion, it's a distinct possibility that in the future your ex will claim that your daughter is reacting badly to the long drive. It would be helpful if there were a neutral third party to evaluate that claim (as well as deal with a lot of the other issues you raise).
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