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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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  #1  
Old 02-03-2019, 11:05 AM
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Default Motion to change final order has been granted!!!

Hello community,
I'm back on track with some great news. Two years ago I've filled a motion to change final order based on mother's alienation practices, OCL been involved (2nd time) and provided with a report last year basically endorsing my concerns regarding mother's alienation practices and recommending that my son spend 50% of his time with me in order to preserve his relationship with me, while I already lost my daughter due to mother's alienation, my daughter doesn't even want to talk to me. OCL clinician was cross-examined in a long motion last year and provided viva voce evidence about her report.

So, here we are, after almost 6 months we received judge's decision, fully endorsing OCL report and granting my motion to change final order. He's of view that a material change in circumstances occurred and the status quo must change. His interim order increased my access significantly 3 times every week on top of existing alternate weekends, and ordered that we shall proceed to trial.

Now, here is the problem, while he knew that both children refuse to attend access (my daughter since 1.5 years and my son over 6 months now) he did not provide with a mechanism to ensure that access happens, either way, having the interim order police enforceable or to warn mother that if she continue not to comply with children's access and if she continue to leave the decision up to the children to decide (as already identified by OCL) then I shall bring an urgent motion without notice to enforce the order.
Shall I request an urgent meeting with the judge in chambers to address this issue? Any thoughts or recommendations?
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Old 02-03-2019, 11:11 AM
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Good to hear things are moving along.

When is trial scheduled? Sounds like judge is setting the table for change of custody?
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Old 02-03-2019, 11:26 AM
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Quote:
Originally Posted by arabian View Post
Good to hear things are moving along.

When is trial scheduled? Sounds like judge is setting the table for change of custody?
Trial is not scheduled yet, we have 30 days to do it. Yes you're right, it will be a change in custody, that's for sure. I have no access to my two children as I write, they continue to refuse to come with me. Friday at school my son (7) struck me, he told me "you can't force me to go with you". It's first time he's talking to me like that, obviously these are not his words. Or he told me to get rid of our cat. I know he loves his cat and he would not do that.
My daughter (12) doesn't want to talk to me.
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Old 02-03-2019, 04:08 PM
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"why wait for Spring? do it now" comes to my mind. Some people schedule trial much earlier than you are contemplating.
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Old 02-09-2019, 08:34 AM
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Originally Posted by arabian View Post
"why wait for Spring? do it now" comes to my mind. Some people schedule trial much earlier than you are contemplating.
yeap...I know arabian and I also know that it's coming fast, very fast. I'll keep everyone posted as to the outcome
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