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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 03-14-2011, 11:26 AM
CatvsLion CatvsLion is offline
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Default Help - Travel Time -

I just had a bomb of a case conference - Judge bit me off a new one for pushing the matter (leaving case open to goto motion) after he gave his opinion.

background:
  • I lived downtown (20 - 30 minutes travel time to school/daycare)
  • She lives 10 minutes away from school/daycare.
  • Court order 2006 - access tues & thurs from 4pm to 6:30pm & alt weekends
  • Email/Verbal agreement 2008 - Thursdays now overnight
  • Email/Verbal agreement 2009 - Tuesdays & Thursday now overnight
  • July 2009 I moved out of ottawa in small town - (travel time now 40 - 50 minutes to school/daycare)
  • June 2010 - mother decides travel time is too long and revokes my weekday overnights
  • June 2010 - she gives them back as child was complaining and so was I
  • October 2010 - again she threatens to take them away
  • October 2010 - lawyers involved and cops involved as she was trying to just show up and take child.
  • November 2010 - tues & thursday overnights continued until case conference (march 2011)
  • March 2011 - Judge says that two beds aren't in best interest of child and that the order was made before I moved.
  • Ottawa carleton school board policy that kids can ride a bus for no more then an hour - judge said this doesn't apply to us as child is in two different homes.
  • Report cards are excellent and no mention of tired/exhaustian or any indication of travel effects. - judge said not yet but it'll happen.
  • after judge comments I had to agree to (in a temporary order) thursday overnights only and no tuesdays.
Question:
  • Is there a law that defines 'close proximity' - if I wanted to move again where can I move besides 15 minutes away from her school? (I don't want to move)
  • Judge commented that he hopes to hell I know what I'm doing if I go forward with a motion - am I wishful thinking that my travel time to school is reasonable?
  • My daughter has a half-sister whom is 1 1/2 years old (my daughter is 7 this year) - judge said she can see her on weekends and it's not his concern in this matter. - shouldn't this play more weight?

Last edited by CatvsLion; 03-14-2011 at 11:29 AM.
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Old 03-14-2011, 04:30 PM
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NBDad NBDad is offline
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Quote:
after judge comments I had to agree to (in a temporary order) thursday overnights only and no tuesdays.
No, you didn't. You could have said that the status quo of nearly 2 years is for overnights Tuesday/Thursday and you did not agree that it was in the child's best interest to change that now.

You want to focus on status quo when you move forward.
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Old 03-14-2011, 06:27 PM
CatvsLion CatvsLion is offline
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Well the original court order was return at 6:30 and the judge was implying that we should go back to the original order until an agreement could be made (and saying that if it was in front of him he'd remove the weeknight visits). The return time wouldn't have worked and status quo or not the judge didn't agree with overnights - so of course she wasn't going to agree.. This is why I 'had' to agree/fight for one overnight until I filed a motion (if I do risk this).
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Old 03-16-2011, 09:43 PM
CycleDad CycleDad is offline
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I feel status Quo is more important that an old court order from 2006.

Man too bad you agreed because of the what the judge said. I would have done the same 1 year ago whith my useless lawyer but not now.


My question here is why is it OK for an overnight on THursday but not on Tuesdays.? Last I checked they were both school nights...
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