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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 03-07-2020, 08:14 AM
LovingDad1234 LovingDad1234 is offline
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Default Moratorium on Motions to Change?

Hi All,

I have 50/50, but needless to say I foresee myself in court on an annual basis defending our agreement and why it should remain in place as-is. She signed agreement and should abide by it no matter what, unless I do the unthinkable and move to Texas or develop an addiction or neglect kids.... Some parents just don’t get it, and try to punish ex for the failed relationship by keeping kids away. It is terrible.

My question is, is there a mechanism to prevent someone from constantly filing motions to change? Or having applications (MTC) thrown out right away without having to do the “dance”? Can a judge order someone to not be able to file for 5 years, or something in line like that? To let families live peacefully rather than in constant “court mode”? I’ve heard of litigants wanting their way at all costs “judge shopping” where you just keep filing until you get the right judge on the right day/right mood. I don’t want to find myself constantly in court having to justify myself and defend/protect my kids time with their dad. In my case, it may have been helpful to actually go to trial, have her lose, and that would leave such a bad taste ensuring she never wants to go back to that awful place.
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Old 03-07-2020, 11:33 AM
standing on the sidelines standing on the sidelines is offline
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Quote:
Originally Posted by LovingDad1234 View Post
Hi All,

I have 50/50, but needless to say I foresee myself in court on an annual basis defending our agreement and why it should remain in place as-is. She signed agreement and should abide by it no matter what, unless I do the unthinkable and move to Texas or develop an addiction or neglect kids.... Some parents just don’t get it, and try to punish ex for the failed relationship by keeping kids away. It is terrible.

My question is, is there a mechanism to prevent someone from constantly filing motions to change? Or having applications (MTC) thrown out right away without having to do the “dance”? Can a judge order someone to not be able to file for 5 years, or something in line like that? To let families live peacefully rather than in constant “court mode”? I’ve heard of litigants wanting their way at all costs “judge shopping” where you just keep filing until you get the right judge on the right day/right mood. I don’t want to find myself constantly in court having to justify myself and defend/protect my kids time with their dad. In my case, it may have been helpful to actually go to trial, have her lose, and that would leave such a bad taste ensuring she never wants to go back to that awful place.
maybe this can help???
https://jasonpaulhowie.com/vexatious...-law-disputes/
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Old 03-07-2020, 02:23 PM
rockscan rockscan is offline
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You can’t. Thats the beauty of our court system. Everyone has free access and if she wants to file a motion she can. If there is no weight and no change then the judge will simply dismiss it at the first conference.
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Old 03-07-2020, 04:50 PM
LovingDad1234 LovingDad1234 is offline
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Originally Posted by rockscan View Post
You canÂ’t. Thats the beauty of our court system. Everyone has free access
So someone can spend $100,000 in legal fees (draining financial resources) on dealing with original application, and settle after 6 years battling in court, avoiding a costly trial. That could be ALL FOR NOTHING , if the other party resents the settlement, acts like a dog with a bone, and never accepts the outcome of settlement. That litigant who failed can spend a year re-collecting themselves, do homework, and prepare well-articulated motion materials and simply file a MTC to undo what was agreed to the previous year, hoping they get a judge in the right mood?

If you are self-repped, why the hell not? Keep trying till you get what you want.... Especially if both parties are self-repped as resources have been depleted from dealing with the original application, so no threats of significant cost consequences. What stops a bitter litigant from losing an MTC, and filing another the next day? Just keep trying. Family Court is seriously messed up when one parent cannot accept shared parenting or respect the other parent as important in the kids lives.
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Old 03-07-2020, 05:13 PM
rockscan rockscan is offline
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Yep. My husband and his ex spent almost $40,000 on their original agreement and she disagreed with all of it and took him to court only to settle for what he had agreed to pay all along.

Stop worrying about things that are in the future or may never happen. Maybe she will find a new victim and her mother will focus on destroying that guy instead!
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Old 03-07-2020, 05:26 PM
LovingDad1234 LovingDad1234 is offline
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Agreed I cannot worry about the likely inevitable MTC, and deal with that when it comes. I enjoy time with kids leading to 50/50, and wouldn’t want to lose that, neither the kids. My lawyer, judges, and the OCL all said the same thing: she simply doesn’t “get it” and never will. Replaces the role of the father with grandma. Should she meet a new guy, she will MTC to try to say she presents the kids with the opportunity to be in a happy family, as opposed to what I offer. Sounds ludicrous and illogical as reason but trust me, she’s like that.
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Old 03-07-2020, 05:26 PM
Abba435 Abba435 is offline
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Welcome to my world
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Old 03-07-2020, 10:27 PM
LovingDad1234 LovingDad1234 is offline
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System is messed up. A litigant can lose at trial and turn around the next dat and file a MTC and roll the dice, and keep rolling the dice till they get the right judge. Should be a 5 year ban unless something extremely drastic occurs, such as one parent moves 200 km away
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Old 03-08-2020, 10:27 AM
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Janus Janus is offline
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There is that old adage, where it is better to let 99 guilty go free rather than jail one innocent.

Family law works like that to a certain extent. It is better that 10 non-meritorious cases are allowed to proceed, than 1 meritorious case not being allowed to proceed.

To put it another way, if somebody has a good case, the consequences of not allowing to proceed is that a great injustice may occur. This could include a poor custody decision. However, if somebody has a bad case, all that is lost is time and money.

As long as the loser is paying costs, the system mostly works. It breaks down when costs are not paid. Offhand, I would say that anybody with more than two unpaid costs orders should be required to go to triage to see if their case can be heard.
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Old 03-08-2020, 07:53 PM
Abba435 Abba435 is offline
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High time some civil code principles were enacted in family law.
The process is cumbersome, challenging, ridiculously costly and often ineffective.
People facing marital breakdown and especially when kids are involved are already under enormous stress. Load on a system that takes enormous effort to comprehend, rules of procedure that are counter-intuitive, strict rules surrounding filing documents, fee hungry lawyers and time pressured judges and voila- mayhem.

Even if imperfect an accessible, logical and less costly approach is needed to decrease or eliminate the toxin of misplaced advocacy and forcing participants o focus on the children and getting agreements done IMHO.

Sure, civil litigation is always based on advocacy and is all about money, property, rights, obligations, torts. Maybe the right environment. Family Law is not the same, not at all.
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