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Can a response to motion to change separation agreement be a sole custody claim when

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  • Can a response to motion to change separation agreement be a sole custody claim when

    Motion to change filed on separation agreement. We do not have an order. Want child support and Section 7 expenses enforceable as agreement is worded incorrectly for Fro to collect. Respondent responded with Sole custody claim. Is this possible. ? I interpret the rules say no? But it came from a lawyer :-(


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  • #2
    The wife’s ex tried that, we didn’t even acknowledged it, it has to be a separate application if custody was not part of motion to change cs

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    • #3
      Originally posted by Dtothree View Post
      The wife’s ex tried that, we didn’t even acknowledged it, it has to be a separate application if custody was not part of motion to change cs


      Ugh. I have retained lawyer. Spent 5k. And have her reviewing affidavit for a response. I hope the judge will just stroke it out at case conference.
      Thanks so much for your answer!!


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      • #4
        Originally posted by Mom 2 Two View Post
        Ugh. I have retained lawyer. Spent 5k. And have her reviewing affidavit for a response. I hope the judge will just stroke it out at case conference.
        Thanks so much for your answer!!


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        Oh and they did fill out the affidavit 35.1. But not the proper application way.


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        • #5
          I am not sure what the rules are about this, however I filed a motion to change for CS, the other party replied with garbage about access; I argued that the ex hadnt sought permission to bring a motion to change as required the access issues are a derailment.
          Legally speaking the judge sent the access issue to mediation, however majority of the time the judge spent talking about access and asking how it all went.
          My advice, respond to it.

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          • #6
            Don’t respond to it, stick to what was originally asked, if ex wants to change custody let them bring it the proper way , it’s intimidating to do the other

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            • #7
              Originally posted by sahibjee View Post
              I am not sure what the rules are about this, however I filed a motion to change for CS, the other party replied with garbage about access; I argued that the ex hadnt sought permission to bring a motion to change as required the access issues are a derailment.
              Legally speaking the judge sent the access issue to mediation, however majority of the time the judge spent talking about access and asking how it all went.
              My advice, respond to it.


              My lawyer let ex’s lawyer know it’s the wrong way? And she told me there is nothing to respond to? I’m worried that I should respond and she is telling me not too. First court date is with a dispute resolution officer. Will they even entertain a custody claim? Ex’s lawyer hasn’t even responded to my lawyer kindly letting him know this isn’t aloud. :-(


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              • #8
                My partners lawyer said the same thing about the garbage in her motion documents AND that there was no point for him to argue about the interference with access.

                Go to the dispute resolution conference. Get through that and then move for a case conference. If this is about child support you should be able to move it forward. If hes simply looking for more time with the kids, explore giving him more time but hes still obligated to pay any retro support.

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                • #9
                  Originally posted by rockscan View Post
                  My partners lawyer said the same thing about the garbage in her motion documents AND that there was no point for him to argue about the interference with access.

                  Go to the dispute resolution conference. Get through that and then move for a case conference. If this is about child support you should be able to move it forward. If hes simply looking for more time with the kids, explore giving him more time but hes still obligated to pay any retro support.


                  It’s not about extra time. It’s a full on sole custody claim in response to my CS motion. And all it talks about is how I alienate the kids from him. His plan to parent them has no details about how it will be best for the children to move to a different city and go to a new school. It’s just stressful.


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                  • #10
                    I think understandable your letting your emotions get the best of you. What did your lawyers say? How old are the children? Old enough to have a say on where they want to live?

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                    • #11
                      Like I said before, don’t let it get to you. Focus on the facts and ignore the rest. Its the same advice I give to my partner and its starting to get through to him. Your ex is simply trying to hurt you and avoid his responsibilities.

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                      • #12
                        Originally posted by kate331 View Post
                        I think understandable your letting your emotions get the best of you. What did your lawyers say? How old are the children? Old enough to have a say on where they want to live?


                        They are 6.5!-and almost 10. So i would hope their opinions would matter. They love their dad. They don’t love who he chose as a partner.


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                        • #13
                          Originally posted by rockscan View Post
                          Like I said before, don’t let it get to you. Focus on the facts and ignore the rest. Its the same advice I give to my partner and its starting to get through to him. Your ex is simply trying to hurt you and avoid his responsibilities.


                          Thanks. I am trying to go day by day... then I get more emails from them and each time they twist things. Will it look bad that I have said previously I do not wish to communicate via email? I only wish to speak in person or via the telephone? I know 100% it’s he gf on his email account. As my ex doesn’t speak English well let alone being able to compose the enormous emails I am getting.


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                          • #14
                            Its very nerve racking, lots of sleepless nights, you wont loose them, at DRO my wifes ex got shot down and told to go the proper way, and file his on application, never did, but brought it up again at settlement conference, and at trial management conference and also the trial, always told to go the proper way.

                            At the DRO he was adimint to get sole custody because of neglect of the children and safety and if he didn't get sole things should stay the same and the kids time with him should be shorter (24 hours every other week from current 30 hours)
                            he did increase his CS from $300 to $900 month, and he still claimed that meds should come out of child support, and kept claiming he was not in arrears, and if he was he was bankrupt and could not pay it would be wiped out cause he was bankrupt. and never filed proper financial disclosure, and did not claim on his bankruptcy the house that has no mortgage.

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                            • #15
                              I would stop reading the emails from him. If there is something you need like permission for something, read it but the rest need to be ignored.

                              My partners ex used to send big long emails where she would wax on about the kids dreams and how they relate to my partner and other bs she would go on and on about. It really upset him because the passive aggressive tone was unnecessary. So he stopped reading through them and had me look to see if anything was necessary. She stopped that bs when she filed her papers but now she goes on and on in her court paperwork about unnecessary info. Again it is skipped over.

                              You will get adept at ignoring her. Just think of it as a buzzing mosquito you need to ignore. With everything to come if you let this get to you it will be difficult to endure the rest.

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