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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 05-15-2006, 11:44 AM
FPI FPI is offline
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Default It's been a long stressful wait

Back in February my ex and I went to court for a Case Conference. She got a Court order for further disclosure and Discoveries. My Lawyer sent her another financial statement; I have yet to hear anything from her Lawyer.
Will this wait harm my case in anyway? I do have another appointment with my Lawyer in June. It has been almost 14 months since she left and nothing has been settled. I’m not sure why she is delaying the case from progressing. The only thing I can think of is she ran out of money.
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Old 05-15-2006, 11:48 AM
logicalvelocity logicalvelocity is offline
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FPI,

I am not sure of all the issues, but if custody is an issue, then it appears a staus quo has developed.

If spousal support is just an issue, then perhaps, depending what was learnt on the discoveries and subsequent financial statement, they could be evaluating NEEDS and MEANS. Perhaps their financial position has improved.
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Old 05-15-2006, 12:26 PM
FPI FPI is offline
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There are all issues still outstanding: Spousal Support, Child Support, Equalization, etc.
I have been paying Child Support without any court order, I been doing so freely.

As for Status Quo I’m aware that it has been developed. However, I have asked for my kids on many occasions and she refuses to let me see them. Just this weekend while I had my daughter she informed me that her mother is telling her not to call me and to wait for me to call her. I could not believe what I had heard. I told my daughter she could call me anytime she wants.
As for means and needs, my wife is still not working and is living in subsidized housing. She has made absolutely no attempt to find a job in the last 14 month’s.
Should I just wait it out or should I get my Lawyer to push the issues? The wait is suicide.
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Old 05-15-2006, 12:56 PM
Grace Grace is offline
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I feel for you FBI, I know the "wait" can be excruciating. Does your daughter have access to a computer so she could also communicate with you through e-mails, msn etc? Hold on tight, patience is a virtue in Family Law. I would give it a shot and contact your lawyer to see if things could be sped up, but if one side is slowing things down purposely there isn't much you can do.
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Old 05-15-2006, 01:58 PM
logicalvelocity logicalvelocity is offline
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FPI,


Subsidized housing is based on income. An increase in ones income would mean an increase in rent. I suspect your ex is also a public charge at this point in time. Any court ordered spousal support would be treated as income and would have to be reported to social services. Perhaps, even the money paid back. Additionally, the party will most likely loose the medical benefits that they currently receive from social services.

If you just give money, it is treated as a gift and not spousal support. Reason being, it is NOT court ordered. The onus is on the party bringing forth the claim of spousal support to pursue it.

The law is quite clear when parents separate in regards to status quo

Where parents separate

(4) Where the parents of a child live separate and apart and the child lives with one of them with the consent, implied consent or acquiescence of the other of them, the right of the other to exercise the entitlement of custody and the incidents of custody, but not the entitlement to access, is suspended until a separation agreement or order otherwise provides. R.S.O. 1990, c. C.12, s. 20 (4).

the right to entitlement and incidents of custody are suspended - NOT ENDED.


Under the Children’s Law Reform Act, children are entitled to have disputes about their future care and custody set down for trial within 6 months after the commencement of the case (APPLICATION), and given the earliest possible hearing time. See section 26 of the Act.

see section 26(1) of the Children's Law Reform Act

Delay

26. (1) Where an application under this Part in respect of custody of or access to a child has not been heard within six months after the commencement of the proceedings, the clerk or local registrar of the court shall list the application for the court and give notice to the parties of the date and time when and the place where the court will fix a date for the hearing of the application. R.S.O. 1990, c. C.12, s. 26 (1).

The custodial parent has no right to determine the incident's of the child's access to the non-custodial parent.

Document all the denial's of access. This will question the other parent's ability to act as a parent to a child and moreover their conduct.

It appears you are getting no where, I think you only option is to bring forth an interim motion to protect your current child/parent relationship and have access clearly specified in a court order including telephone access.

LV
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Old 05-15-2006, 01:58 PM
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Old 09-28-2009, 12:33 PM
Justforkids Justforkids is offline
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Hello Everyone,
My case is similar to FPI's. She moved out with the kids without my consent. I offered share parenting (has been in placed in the last few years) and full CS payments per table but she wants sole custody and spousal support. I also do not see any intention and/or reason for her to negotiate (at this point) an agreement for access and custody. She is claiming that the kids do not want to visit me and I have not had any access of the younger boy since they moved out more than a month ago. I have tried to file a motion for access and custody with the court and get stuck in the process due to my abiliity to pay for the lawyer's fees. At this point I really do not know what to do. Thanks in advance for your comments and suggestions would be appreciated.
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