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Tayken, please review Motion to Change..

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  • #16
    Originally posted by Doctor Martins View Post
    Thanks for the tips.. Motion to change hearing. There was been a case conference. There is a settlement conference in January but this will come before that. Everything was on hold for a year after the case conference as I had been asked to watch our daughter more then for several reasons things ended up back in court.. for example Ive been with a girl for over a year, which I kind of kept on the DL and then my ex found out.
    what hearing is there before your settlement conference in January?

    Comment


    • #17
      Originally posted by trinton View Post
      what hearing is there before your settlement conference in January?
      Motion to Change. This one.

      Comment


      • #18
        So you live with your grandfather and you are thinking about moving closer to the mother of the child?

        The mother of the child has/is presenting things from her own perspective and you are citing case law. My guess is that this will be a long process with many delays.

        What, specifically, is your "material change of circumstances" - not what you hope to do (move closer)?

        This is what we call "cutting through the bullshit" I'm afraid - no offense but long, rambling documents are but merely a smokescreen.

        I like to get to the point and I'm sure a judge hearing your case will think likewise.

        Comment


        • #19
          Originally posted by arabian View Post
          So you live with your grandfather and you are thinking about moving closer to the mother of the child?

          The mother of the child has/is presenting things from her own perspective and you are citing case law. My guess is that this will be a long process with many delays.

          What, specifically, is your "material change of circumstances" - not what you hope to do (move closer)?

          This is what we call "cutting through the bullshit" I'm afraid - no offense but long, rambling documents are but merely a smokescreen.

          I like to get to the point and I'm sure a judge hearing your case will think likewise.
          Originally the order was I was seeing daughter every other weekend.. Then that changed the past year to I was seeing her as much as 60% of the time as outlined. My father and I live together and both enjoy our daughter.

          Over the past year things have materially changed in that the original order is no longer relevant to anyway things have been the past year.

          Comment


          • #20
            Originally posted by Doctor Martins View Post
            Motion to Change. This one.
            what type of hearing? focus hearing re: material change? final hearing? trial ??? what's the settlement conference for? not understanding why settlement conference would be after final hearing.

            Comment


            • #21
              I read case on CanLii where father lived with parents and was successful in obtaining sole custody of his child with generous/fair access to child's mother. One of the strongest points of his argument was his parent's involvement in child's life. If I recall he lived in the Niagara region. Wouldn't be too difficult to find his case on CanLii should you so desire. I recall he outlined, specifically, the benefits his parents played in child's life.

              You can't camouflage these things. Address them directly.

              With change of circumstances you have to be able to be VERY specific on what exactly has changed.

              You really should seek legal counsel.

              Comment


              • #22
                Originally posted by trinton View Post
                what type of hearing? focus hearing re: material change? final hearing? trial ??? what's the settlement conference for? not understanding why settlement conference would be after final hearing.
                Trinton - at times you crack me up.... LOL

                I too am confused as to the status of this poster's legal situation....

                Comment


                • #23
                  Originally posted by trinton View Post
                  what type of hearing? focus hearing re: material change? final hearing? trial ??? what's the settlement conference for? not understanding why settlement conference would be after final hearing.
                  OK there was an early final agreement on access. That situation has greatly changed. Custody and child support have not been determined.

                  Comment


                  • #24
                    Was there any interim orders for custody? Just trying to follow along.

                    Comment


                    • #25
                      Originally posted by kate331 View Post
                      Was there any interim orders for custody? Just trying to follow along.
                      Final for access.. interim for custody..

                      Comment


                      • #26
                        Do you have joint custody? Or does that even matter when it comes to access? Family law is so confusing

                        Comment


                        • #27
                          Originally posted by kate331 View Post
                          Do you have joint custody? Or does that even matter when it comes to access? Family law is so confusing
                          The default is joint till something has been determined.. so far some rulings on medical and school. There was an access agreement early on after months of having only supervised visitations. That was EOW.. since then, for the past year Ive had our daughter half the time. Then she changed her mind and wanted to go back to the original agreement because a) I have a girlfriend.. b)she found out that we have been doing defecto shared parenting. So I moved to have things restored to the new status quo.

                          Comment


                          • #28
                            Originally posted by Doctor Martins View Post
                            The Applicant Mother has on many occasions argued that there is an imbalance of power. The true imbalance of power is our three and a half year old daughter _________ _________ who has no voice. It is not about father’s rights, or mom’s rights. It’s about _________’s rights to have BOTH parents in her life.
                            Diatribe I would never recommend putting into affidavit materials or any materials going to court. The court knows very well what its task is.

                            Originally posted by Doctor Martins View Post
                            In truth, neither father’s nor mother’s rights actually matter in the situation. _________ is deprived of rights when she is deprived of both parents equally. Fathers and Mothers are both key to the development of children. The "tender years doctrine" is dead and no longer relevant in Canada.
                            Again, irrelevant and a statement of belief. Furthermore, the court is well informed of this. The fact you are informed of it doesn't tell the court anything relevant with regards to your matter. I would not do this.

                            Originally posted by Doctor Martins View Post
                            Even on a first appearance equal parenting time has begun to be recognized. Reference: Coe v. Tope, 2014 ONSC 4002 https://www.canlii.org/en/on/onsc/do...4onsc4002.html
                            This is relevant as part of a factum or included in a BoA. Never put it in your materials like an application or an affidavit.

                            Originally posted by Doctor Martins View Post
                            This is a well thought out decision by Honourable Mr. Justice Pazaratz that relied on 9 direct citations in CanLII.
                            The judge knows this. This is like telling someone how to do their job. The fact it is posted on CanLII means it is important by its very nature. The fact it has 9 citings is important.

                            Originally posted by Doctor Martins View Post
                            B) UNCOOPERATIVE PARTY

                            2) Much like the saying “those who seek power are the ones who should least have it”, the Applicant Mother only seeks sole custody on her terms while rejecting all forms of mediation and compromise.
                            Too much nonsense in that statement. I don't get the relevance of the "" at all. As well, you really need to follow proper affidavit format. Where everything is a numbered paragraph and simple statements of a fact relevant to the case.

                            1. I have attempted to canvas the Applicant's input on how the matter of our daughter's custody and access could be arranged and to this date have not recieved a response. I have sent (number of emails) emails to the Applicant on day, month, year, day, month, year, (list them all). Please find attached to this my affidavit true photostatic copies of these emails marked as Exhibit "A".

                            Is this an affidavit or your Response to the application or a request for a motion? Hard to tell. It's a real dog's breakfast.

                            Comment


                            • #29
                              Originally posted by Doctor Martins View Post
                              OK there was an early final agreement on access. That situation has greatly changed. Custody and child support have not been determined.
                              Do you know how hard a final agreement made on consent is to change?!

                              I hate to be a buzzkill on this but, its about as easy to change as Donald Trump's opinion at times.

                              Comment


                              • #30
                                Originally posted by Doctor Martins View Post
                                Final for access.. interim for custody..
                                Those two sentences do not compute.

                                A "final order" is just that a final order. No coming back unless you meet the incredibly high standards of a "material change in circumstance".

                                An "interim order" is a temporary order until a "final" order is issued on the matter.

                                If the access has been settled on consent and marked as "final" it is final. It can only be changed if there has been a "material change in circumstance".

                                You realizing you made a mistake is not material. How you feel is not material.

                                Comment

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