Motion Judge was Brilliant!
Had my first motion (Section 7 expenses). Not only was the Judge brilliant imo on how he handled the proceeding but my ex lawyer deserves most of the credit! I'm guessing he will be fired by tonight
The Judge was so patient and didnt rush us to help us come to a resolution. Gave us lots of breaks to discuss with our lawyers, and even joined in towards the end to help us resolve access issues taking directly to us not our lawyers.
Here is how it went down.
His lawyer, was really good!!! Took command of the courtroom right away, my lawyer had to interrupt and remind him it was actually my motion And she should go first.
Ex position was he is still on Stress Leave, cant work and cant afford daycare/camp for the summer. So instead of a 70/30 split (he was imputed his old salary at a CC), we agreed on one of the breaks to 50/50 split. I thought at this point, I was losing.
Then came summer access, ex agreed to take the kids 1 week in July and 1 week in August if he was well enough. I had proposed 1 week on, 1 week off. Thought I was losing again at that point.
Next came the school pick up and drop offs, which I wanted to eliminate drop of and pick ups until we are better terms, because it causes too much conflict, ex would not agree. Then the Judge said "Taking your children to school is both an honour and a privileged, its something every parent shouldn't miss out on". Then his lawyer changed his tune, and said 'Your Hounour, your preaching to the choir, let me go check with the well". Well, the well wouldnt agree
Back to the courtroom after another break, and the Judge says "We have resolved all of the issues for this motion, but before me I see a defeated Mother, with 2 special needs children, that has the whole parenting burden on her', so we are going to take another break, and when I come back, I want to see how you two (the lawyers) are going to relieve her of some of the stress.
Thats when the tables turned, outside the lawyers went and come back with $2,400 in cash for my use of any camp fees daycare for July & August. Ex will take kids 2 weeks out of the summer (no camp those weeks) If ex cant take kids due to his stress, when he will pay for a nanny those 2 weeks in addition to the $2,400. Every other Wednesday is back on the access schedule, but now an over night!!!
Every other weekend now starts Friday nights to Sunday nights.
Judge told ex, he needs to concentrate on his health first, and do whatever it takes to become a parent to his children, and wants us to try the new schedule, but to check back in with him in June to let him now how we are all doing (case conference).
Judge told me, to enjoy some time away from the children and get some down time.
Cost were not awarded to either party, and thats OK with me.
I feel this was a WIN for our children.
I am elated!!!
Had my first motion (Section 7 expenses). Not only was the Judge brilliant imo on how he handled the proceeding but my ex lawyer deserves most of the credit! I'm guessing he will be fired by tonight
The Judge was so patient and didnt rush us to help us come to a resolution. Gave us lots of breaks to discuss with our lawyers, and even joined in towards the end to help us resolve access issues taking directly to us not our lawyers.
Here is how it went down.
His lawyer, was really good!!! Took command of the courtroom right away, my lawyer had to interrupt and remind him it was actually my motion And she should go first.
Ex position was he is still on Stress Leave, cant work and cant afford daycare/camp for the summer. So instead of a 70/30 split (he was imputed his old salary at a CC), we agreed on one of the breaks to 50/50 split. I thought at this point, I was losing.
Then came summer access, ex agreed to take the kids 1 week in July and 1 week in August if he was well enough. I had proposed 1 week on, 1 week off. Thought I was losing again at that point.
Next came the school pick up and drop offs, which I wanted to eliminate drop of and pick ups until we are better terms, because it causes too much conflict, ex would not agree. Then the Judge said "Taking your children to school is both an honour and a privileged, its something every parent shouldn't miss out on". Then his lawyer changed his tune, and said 'Your Hounour, your preaching to the choir, let me go check with the well". Well, the well wouldnt agree
Back to the courtroom after another break, and the Judge says "We have resolved all of the issues for this motion, but before me I see a defeated Mother, with 2 special needs children, that has the whole parenting burden on her', so we are going to take another break, and when I come back, I want to see how you two (the lawyers) are going to relieve her of some of the stress.
Thats when the tables turned, outside the lawyers went and come back with $2,400 in cash for my use of any camp fees daycare for July & August. Ex will take kids 2 weeks out of the summer (no camp those weeks) If ex cant take kids due to his stress, when he will pay for a nanny those 2 weeks in addition to the $2,400. Every other Wednesday is back on the access schedule, but now an over night!!!
Every other weekend now starts Friday nights to Sunday nights.
Judge told ex, he needs to concentrate on his health first, and do whatever it takes to become a parent to his children, and wants us to try the new schedule, but to check back in with him in June to let him now how we are all doing (case conference).
Judge told me, to enjoy some time away from the children and get some down time.
Cost were not awarded to either party, and thats OK with me.
I feel this was a WIN for our children.
I am elated!!!
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