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  • first motion

    Hi,

    I filed a motion for more access to our 7 year old daughter. (currently my ex allows 7 hours biweekly since September, I asked for 50 % access) She has sole custody since we separated in March.

    In the Answer she said there was no material change in the circumstances, rejected my request, and asked for $6400 lump sum spousal support, (in the final court order she waived her right to spousal support from me)

    I sent her lawyer an "offer to settle", where I suggested 1 whole weekend per month, 1 overnight per week, offered her $3200 as educational fund.
    I offered to give up my right to trial for access and custody if she gives up her right to trial for financial matters. They rejected this offer.

    1. What would you do in my shoes? I don't have money for a lawyer, so self-represented. We have never been to court, we settled in July and the settlement was put into a final court order, but we left the access open.
    2. When I filed the motion I got a date for Dec. 8. As I'm new to this whole process so I don't even know what it is. What can I expect there?
    3. Based on this information is it possible that on this date I will be ordered to pay that $6400 and it will be put in that order that I will see my daughter for this meaningless 7 hours?
    4. Will the judge listen to us or just read the motion/answer and makes some kind of decision based on that?
    Thanks!

  • #2
    I can't comment on spousal support but I would assume that she would not be eligible for retro spousal support as it was agreed to in the previous order.

    As long as there are no safety issues that can be proven in court, the judge should have no problem granting you the access you are requesting. The 7 hours a week you are currently getting can not support a health relationship between a child and their parent.

    I would consider this alienation and assume that judge may give you more if you ask for it.

    Comment


    • #3
      Thanks Pharah! This was basically my reason to file this motion as 7 hours is really not enough for anything, but reading this site is really confusing sometimes and raises the impression that judges make random orders, generally against the male and I really hate the stress coming with the court procedures, or with just emailing the ex's braindead lawyer.

      As the process I don't know what I can expect on that court date (I don't even know what that date is exactly I got on when I filed the motion at the Ontario Court of Justice.

      Comment


      • #4
        Basic access is normally every other weekend and one overnight during the week. She is being unreasonable.

        Go speak to duty counsel and make sure you have all your paperwork in order. They should be able to tell you what to expect as far as SS.

        Comment


        • #5
          the SS is currently is not really a concern. (she waived her right to it with is in the final order, but I agreed to pay her $6400 for education purposes. She is asking to pay this in cash in lump sum, and I would be more or less OK with this.
          I'm afraid that the duty counsel will not talk to me, as I'm in that category, who has "high" salary, just after paying everything no money left for a lawyer). And of course I have a full-time job, and it is kinda hard just to skip a half day every week to manage something at the court. That's why I'm asking people who already went over something similar what to expect in terms of procedure.

          Comment

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