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  • Motion to change

    How long do I have to wait prior to filling a motion to change?

    I want to file a motion to change

    Access and C.S.

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  • #2
    Motion to change

    You have to have a material change in circumstances. Considering that you were in trial the last time you updated, I can’t believe you would meet the threshold of material change in such a short period of tome.
    Last edited by rockscan; 11-25-2019, 10:22 PM.

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    • #3
      Hi,

      Thanks for the prompt reply.

      Most of the outcome of the trial was based on the fact my oldest was diagnosed and not treated with meds for ADHD.

      He's now on meds and doing much better. Therefore a change.

      Furthermore I have had a significant change in my financial situation, which would also constitute a change.

      Thoughts?

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      • #4
        There is a whole bunch of cases on interpreting what constitutes a material change (which is legally different from a change.... not all changes are material)

        The test for a “material change”, as confirmed by the Supreme Court of Canada in L.M.P. v. L.S.,2011 SCC 64, is a change that is substantial, continuing and that “if known at the time, would likely have resulted in a different order”.

        You should also review cases that cite the above case, and see how medication and your financial changes are interpreted.

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        • #5
          Most of the outcome of trial would have been different if the child was treated IMHO

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          • #6
            Oh and to top it off the judge was doubtful about my financial situation, since I have actually declared bankruptcy. Which would likely have affected the outcome of trial.

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            • #7
              Before you embark on a change I suggest you get a legal opinion from a lawyer. You are too close to the situation and cannot view it objectively. Finances may prevent you hiring a lawyer to run the case, but you need a neutral and comprehensive analysis on viability.
              Last edited by Kinso; 11-25-2019, 11:43 PM.

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              • #8
                I did most of the previous litigation on my own...

                Also on another note...what's the best way or tool to calculate parenting time %?

                My ex keep saying 4x% I'm sure someone crunched the numbers for her. I would just like to self validate.

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                • #9
                  And you were unhappy with the outcome and are seeking the change it. Not exactly a compelling argument for self-representation.

                  Your analysis as to why you didn’t like the outcome may be correct, or completely off base.

                  Talk to a lawyer, someone who can review the facts of your case, not internet strangers who don’t know the unique elements.

                  There isn’t a consistent method in calculating. Days or weeks are often used, but individual circumstances necessitate different forms of calculation.

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                  • #10
                    Originally posted by otttawa_dad View Post
                    Most of the outcome of the trial was based on the fact my oldest was diagnosed and not treated with meds for ADHD.

                    He's now on meds and doing much better. Therefore a change.
                    Not a material change. You knew he was adhd at the trial. Getting him on meds is not material.

                    Furthermore I have had a significant change in my financial situation, which would also constitute a change.
                    You just went through a costly trial and probably had job issues as a result. There are probably other underlying conditions that caused this.

                    Nothing in this screams material change. Instead it screams unhappy with outcome and wanting to fight until you get what you want. You are still doing this % of time bs which several people have told you has different interpretations. You can’t keep running at the court until you get the result you want. You have a decision, your life has been impacted as a result of that decision, start changing your life to improve it. A judge will dismiss your application based on the time and circumstances.

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