Ottawa Divorce .com Forums


User CP

New posts

Advertising

  Ottawa Divorce .com Forums > Main Category > Divorce & Family Law > Common Law Issues

Common Law Issues The law regarding common law relationships is different than in cases of divorce. Discuss the issues that affect unmarried couples here.

Reply
 
Thread Tools
  #11  
Old 08-18-2014, 09:00 PM
DowntroddenDad DowntroddenDad is offline
Senior Member
 
Join Date: Sep 2012
Posts: 1,702
DowntroddenDad will become famous soon enough
Default

Quote:
Originally Posted by Once.is.enough View Post
You don't need grounds to make any claims. This is family law. You can ask for whatever you want while you watch the other side squirm and spend thousands.
Of course you can ask. He doesn't have the grounds, and could be assessed costs.
Reply With Quote
  #12  
Old 08-18-2014, 09:52 PM
Once.is.enough Once.is.enough is offline
Banned
 
Join Date: Apr 2014
Posts: 217
Once.is.enough is on a distinguished road
Default

Quote:
Originally Posted by DowntroddenDad View Post
Of course you can ask. He doesn't have the grounds, and could be assessed costs.
Costs does not mean you get your legal fees back. If your lucky you might get a percentage back.
Reply With Quote
  #13  
Old 08-20-2014, 11:39 AM
Toutou Toutou is offline
Senior Member
 
Join Date: Aug 2011
Posts: 138
Toutou is on a distinguished road
Default

I am just curious, what is the custody battle about?
Reply With Quote
  #14  
Old 08-20-2014, 01:28 PM
Mamma Mamma is offline
Junior Member
 
Join Date: Aug 2014
Posts: 20
Mamma is on a distinguished road
Default

11 month old baby boy. We were in mediation for two months but are now going to court. I am seeking a joint custody with me having a primary residence and a gradual increase in access time for the father starting with two 2h visits during the week plus a 5h visit on a weekend; overnights to start at 18 months . Schedule to be re-assessed when the child reaches 2 years.
He replied with a request for joint custody and him having primary residence and an immediate shared parenting schedule, plus a claim for unjust enrichment and constructive trust ( I used money from the sale of my condo to buy a townhouse located 5km from our current rental).
I know there are a lot of supporters for the shared parenting plans and maybe we will be there one day but not now, he is too young
Reply With Quote
  #15  
Old 08-20-2014, 01:31 PM
FB_ FB_ is offline
Senior Member
 
Join Date: Jul 2012
Posts: 2,407
FB_ will become famous soon enough
Default

Quote:
Originally Posted by Mamma View Post
11 month old baby boy. We were in mediation for two months but are now going to court. I am seeking a joint custody with me having a primary residence and a gradual increase in access time for the father starting with two 2h visits during the week plus a 5h visit on a weekend; overnights to start at 18 months . Schedule to be re-assessed when the child reaches 2 years.
He replied with a request for joint custody and him having primary residence and an immediate shared parenting schedule, plus a claim for unjust enrichment and constructive trust ( I used money from the sale of my condo to buy a townhouse located 5km from our current rental).
I know there are a lot of supporters for the shared parenting plans and maybe we will be there one day but not now, he is too young
He's too young...REALLY????

Maybe child should be with the father 98% of the time because he's too young to be with you!

EDIT: Sorry had to add more.. A man is equally capable of caring for infants... Are you saying when a mother dies during child birth the father is not capable of caring for his child? Should CAS intervene?

Last edited by FB_; 08-20-2014 at 01:34 PM.
Reply With Quote
  #16  
Old 08-20-2014, 01:39 PM
Mamma Mamma is offline
Junior Member
 
Join Date: Aug 2014
Posts: 20
Mamma is on a distinguished road
Default

FB,
you don't know me , you don't know my situation but are very quick to judge and attack me.

Every family is different and there are numerous situation when fathers provide better care to children than their mothers but mine is not one of them. As I said maybe one day we will have a shared parenting schedule ( an hopefully one that works well) but not now
Reply With Quote
  #17  
Old 08-20-2014, 01:44 PM
FB_ FB_ is offline
Senior Member
 
Join Date: Jul 2012
Posts: 2,407
FB_ will become famous soon enough
Default

Quote:
Originally Posted by Mamma View Post
FB,
you don't know me , you don't know my situation but are very quick to judge and attack me.

Every family is different and there are numerous situation when fathers provide better care to children than their mothers but mine is not one of them. As I said maybe one day we will have a shared parenting schedule ( an hopefully one that works well) but not now
I did not attack you, I was contradicting your opinion. Two very different things

Fair enough, I do not know you or your situation, but you are an anonymous person posting on the internet, just like me... I guess a court will decide.
Reply With Quote
  #18  
Old 08-20-2014, 02:02 PM
Toutou Toutou is offline
Senior Member
 
Join Date: Aug 2011
Posts: 138
Toutou is on a distinguished road
Default

is he negligent? is he abusive? or he is just caring for the child his way not the way you think it should be done?

Just think about it. I honestly hope that you will not deprive your child the bond with his/her father just because he is not parenting the way you want him too. This is not about you or your ex or who is the better parent, this is about your child and the bond your child will have with both his parents.

So, unless he is abusive or neglectfull, which he is obvisously not because you are considering shared custody after the child turns 2, do not deny to your child this precious bond. In my opinion, it makes you a bad and very selfish parent.
Reply With Quote
  #19  
Old 08-20-2014, 02:11 PM
Links17 Links17 is offline
Hand of Justice
 
Join Date: Jan 2013
Location: In the Shadows
Posts: 3,166
Links17 is on a distinguished road
Default

I think the fallacy of "better care" needs to be deconstructed.

Sure you might be better at wiping butts, singing songs or X,Y, and Z.

The father might be better at A,B

The key is that is it better to have
A,B,X,Y,Z

or just X,Y,Z
or just A,B

As long a a parent is willing and caring for their child won't harm them custody should be shared.

Sure it isnt as good as a regular family but that's the way the chips fall.
Reply With Quote
  #20  
Old 08-20-2014, 02:15 PM
Once.is.enough Once.is.enough is offline
Banned
 
Join Date: Apr 2014
Posts: 217
Once.is.enough is on a distinguished road
Default

Are you the higher income earner?
Reply With Quote
Reply


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On


Similar Threads
Thread Thread Starter Forum Replies Last Post
Unjust enrichment - which court? -clean hands? Strider22 Common Law Issues 4 06-09-2012 07:18 PM
Unjust Enrichment sadandrippedoff Financial Issues 6 10-29-2011 02:06 AM
Child Support Arrears & Unjust Enrichment??? MaggieT Financial Issues 3 08-11-2009 05:29 PM
Can I claim unjust enrichment? adeleb Common Law Issues 1 12-20-2008 07:53 AM
Unjust enrichment / spousal support claim?? mom22galz Common Law Issues 14 06-20-2006 08:36 PM


All times are GMT -4. The time now is 09:23 AM.