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  • keeping things moving

    Thank you for reading..

    My partner has a case conference date scheduled near end of January. Respondent has not yet filed her Form 10 response (initial court filing was August 2019). No papers filed for case conference either.

    The issue is parenting time - dad wants 50/50. Children are 3yo and 4yo with a current access schedule allowing for 1 weekly visit (3p - 6p) and 1 overnight + weekend day (Fri. 3p - Sat. 7p). Dad also walks the kids to and from school / daycare every day since September. He would like to move to a 2/2/3 schedule and eventually graduate to week about when the kids are older.

    I do a lot of reading on this forum which has helped me understand the situation better and support my partner, including sometimes sharing things he doesn't want to hear! But, there are a couple things I am hoping some of you can help with now..

    First, what happens if she doesn't file her Form 10? What do we do next? She has stated both verbally and in writing that she will drag this out, financially ruin him, he'll never get more access, etc. He has representation but we want to know what to ask for to keep this moving along as much as possible.

    Second, and contrary to her statements about never giving more access, she did propose a schedule for January - September but it doesn't really make sense. For example, in January she proposes turning the weekly visit into an overnight (which is great) but then in March she changes the schedule so that over a 2-week period the frequency of visits is increased but access is actually reduced and he loses weekend access. Then there's a different schedule for each month in July, August, and September which increases access overall but during which the majority of his time is during the work week, no full weekends, exchanges at 7p which is bedtime, etc. What do you do when the other party is giving schedules that don't really have a logical pattern?

    Not that it makes a difference anyway.. he responded that he agreed with turning the weekly visit into an overnight but that he wants to move to a more consistent schedule with transitions at a neutral location (school) and alternating weekends. She said if they can't agree on the whole schedule then she's not giving him the overnight in January.. Why not just give him the overnight and then work out the rest of the schedule?!

  • #2
    When did they sign their original order or are they still in litigation as part of the divorce?

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    • #3
      No original order. They have a separation agreement which he signed without legal advice (rookie mistake, I know). It's moot now, both of them have abandoned the agreement, he filed to have it amended so that was the initial August 2019 filing.

      So they are currently in litigation as part of the divorce. Filings with the Supreme Court in Ontario.

      I should add that all financial issues related to the separation / divorce have been agreed to so that's not at issue here. It's just parenting time.

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      • #4
        I would think a judge would want a more consistent parenting time. Changing things from month to month is too confusing for everyone especially the kids.

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