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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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  #11  
Old 03-24-2020, 10:17 PM
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Quote:
Originally Posted by Abba435 View Post
Joint custody?
If yes you can register without her signature.
If she is custodian and abandoned the kids you will have an emergency motion heard I expect and will have a very good case for sole custody
Yes joint custody.

School board has already told me I need her signature when I went to do it myself.

And this won't qualify as an emergency. Requires a Motion to Change with a case conference.

I had just finished all the paperwork before the courts had shutdown.
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  #12  
Old 03-27-2020, 04:58 PM
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Please read this post: https://www.ottawadivorce.com/forum/...ad.php?t=23077
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  #13  
Old 04-03-2020, 04:34 PM
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I've made a thread about my situation. Ex has decided to suspend access indefinitely. Unfortunately it's hard to tell a 5 year old that their brother's mother is batshit.
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Old 04-03-2020, 11:23 PM
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I've made a thread about my situation. Ex has decided to suspend access indefinitely. Unfortunately it's hard to tell a 5 year old that their brother's mother is batshit.
See this thread:

https://www.ottawadivorce.com/forum/...d.php?p=241670

And the results of using the above caselaw in that ^^^ thread in private arbitration.

https://www.ottawadivorce.com/forum/...ad.php?t=23083

Send the case law to the other parent. Give them 5 days to comply and on day 6 file the emergency order and a book of authorities with that case law in it. If you don't know how to do this retain a lawyer. You WILL get 100% of your costs (for the lawyer) for having to do this. In fact, most lawyers would take this case on without probably having to pay them up front because it is a slam dunk win.
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  #15  
Old 04-04-2020, 12:34 PM
Abba435 Abba435 is offline
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This ruling is landmark (IMHO).
I sent it over and the argument ended full stop.
No breach, no motion, no fees, no stress for kids.
Gold.
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  #16  
Old 04-04-2020, 03:22 PM
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Quote:
Originally Posted by Abba435 View Post
This ruling is landmark (IMHO).
I sent it over and the argument ended full stop.
No breach, no motion, no fees, no stress for kids.
Gold.
In my view however there is an underlying problem if the ex goes batshit and automatically cancels access to the other parent over fear. Yes, the virus is tragic, but there are 14 million people in Ontario.....if we all do our part and social distance and take precautions, there should be no worry.

For me, I pick up kids at moms, and its straight to my house. No playgrounds, no playdates, no nothing. Maybe a stroll around the block where we are away from others.

But for ex to go batshit, it is clear there is an underlying issue that the ex truly does not value your relationship with your kids. Saying that your relationship with them is less valuable than hers. That it is secondary. Not as important. I am going to sound like a broken record, but I feel ex's should go to counseling to learn to value the role of the other parent.

My ex waltz'd into court saying "MINE!" and the judge was quick to correct her to say "BOTH OF YOURS". To this day my time with kids is considered "visits" and "fun-time" which I am just patiently waiting to 50/50
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  #17  
Old 04-04-2020, 05:49 PM
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The use of the term visitation is increasingly frowned upon. It came up in my recent trial (as Respondent) in a joint custody situation. I use the term residency and the judge also used that term. I do not believe any legislation uses "visits". The term is not used in my agreement. We have a "residency schedule". The children "reside with" whoever who are responsible for their care during "residency"

Fine point maybe but I much prefer to have the children know they have a home with me not a place to visit. My ex refuses to use the term residence despite this being discussed in mediation years ago and my polite requests. This revealed and reinforced that exact underlying bat-shitness. It was about being superior, controlling and nasty.

If the system worked properly of curse every single divorce with kids would have standard protocol including expert social work to reduce conflict and this has been mentioned by me and others before.

The system as it is just fuels the shit of bats and makes lawyers feed off the conflict taking much needed cash from families and fuelling conflict, It is totally batshit.

Last edited by Abba435; 04-04-2020 at 05:53 PM.
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