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going to Superior court. Ex moved farther from childs school

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  • going to Superior court. Ex moved farther from childs school

    ok, so it's not going to be a joint application

    We already have a final order for custody and support. He refuses to provide me with his financial information for the divorce, even though I know it is close enough to equal (debts/assests etc). We could easily show this to the judge, sign for divorce and walk away without spending anything other than the application fee. but... he wants to "win" still

    so, what do I have to do here? I can fill out the application, bring an updated 13.1 and a copy of the final court order from family court, and start proceedings next week. Do I need to provide marriage certificate as well? anything else I can put together? I of course provided all of this to his lawyer, but even after 4 requests I have not seen any financial info from him or his lawyer (though he did give me his line 150 this year..so I could pay him CS).

    Am I supposed to file in Richmond Hill now?

    As to the OCL recommendation..should I be contacting the lawyer to speak to him about this? My ex did not move close to our daughters school as promised, and the recommendation for 50/50 was based on the agreement that we both move to Vaughan. However, the documents OCL filed were very brief and I don't think it said anywhere that the recommendation was based on that. Can I ask him to provide more information to the court? I'm thinking that I could ask for a change in custody becasue of this. There has been HUGE material change.

  • #2
    So as long as the child stays in the same school who cares where he lives? Burden of getting the child there would fall on HIM not you.

    If you believe there to be significant material change, then definitely talk to an attorney or even the FLIC.

    Was there ANYTHING in regards to the OCL recommendations that indicated the school thing as one of the factors? Do you have a copy of the OCL report? Was there any other communications done that may have mentioned it?

    Comment


    • #3
      There was no report filed, because we agreed to settle. They would only file a full report if we continued to trial. I'll have to go back through my paperwork to see if anything was written, but YES it was definitely said in our disclosure meeting that the recommendation to continues 50/50 was made based on both of our agreements to move to Vaughan.

      Ex is not working in Vaughan anymore (actually not working) and when he does go back to work, he may not even be working in Vaughan. He is not bringin her to Daycare when he should, but that's ok, it's school I'm worried about. I was planning on waiting to see how things went in September, I really don't want to cause more headaches and would be fine with it if she is making it to school.

      but he can't even co-operate one bit. I refused to sign a letter for him to apply for the CCTB until he provides me with the prper financial disclosure. All he really has to do is find out info for 2 accounts and then we'll know what equalization should be.

      I just want a divorce and for this crap to be over (relatively). but he is fighting me tooth and nail for absolutely no reason. Technically he doesn't even need my signature to collect CCTB..but I'm not telling him that

      Comment


      • #4
        Originally posted by billiechic View Post
        There was no report filed, because we agreed to settle. They would only file a full report if we continued to trial. I'll have to go back through my paperwork to see if anything was written, but YES it was definitely said in our disclosure meeting that the recommendation to continues 50/50 was made based on both of our agreements to move to Vaughan.
        This doesn't make sense to me. If you had a meeting of disclosure, there should be a report forthcoming. As I understnd it, the disclosure meeting is part of the process of the OCL investigation - and thus a report would not have been generated yet as the disclosure meeting could bring forth new considerations.

        However, it sounds to me like your OCL guy is shirking his duties by not actually haven written his report afterwards.

        Comment


        • #5
          He doesn't NEED you to sign to get the CCTB, it's just easier if you do

          Just saying you need to be prepared if he should have been getting it all along and you've been dragging your heels, you can be made to pay back the funds and he'll get a nice lump sum cheque.

          Comment


          • #6
            Originally posted by NBDad View Post
            He doesn't NEED you to sign to get the CCTB, it's just easier if you do

            Just saying you need to be prepared if he should have been getting it all along and you've been dragging your heels, you can be made to pay back the funds and he'll get a nice lump sum cheque.
            no, he was told over and over that he had to apply for it himself, by me, his lawyer, and probably half his family. His first request for a letter was actually only last week..after 2 years of 50/50. We even had it written into the final order that he can apply for CCTB, which was finalized in March..and he STILL didn't apply!

            Think I will send an email to the OCL lawyer then...

            Comment


            • #7
              BINGO! It was not specifically part of the recommendations but it says in the background section:
              "The parties have expressed that they both would like to move to Maple and reside in York Region. They have conveyed a sincere desire to work cooperatively..."

              I'm sure it was part of his parenting plan that he intended to move to Vaughan to help facilitate her connection to the school and daycare community. It was central to mine, and I have followed through oln that. I remember the lawyer specifically stating that in order for this arrangement (50/50) to work that we would both need to move close to her school.


              GRRRR...now what? Should I just keep this in my back pocket for now?

              Comment


              • #8
                Keep pushing forward with the divorce stuff, not much you can do now re: school anyway. I assume the child will be kept in the same school as before. (Keep an eye out for him trying to change it on you).

                In the end, it's going to be a burden on HIM during HIS time. If he's moved further away, then he's going to have to get the child there and home again afterwards.

                If the child starts having a lot of absences or their grades start slipping you have grounds to request a custody change on the basis that he didn't follow through with what he promised OCL and as a result there is a detrimental impact to the child.

                Look at it like the gift that it is.

                Comment

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