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I've been served court papers....what to do next??

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  • I've been served court papers....what to do next??

    Morning All:

    I just got served court papers "to have a motion to change the order of Justice XXX, dated, xx/xx/xxxx"

    She is asking to change the weekend access to the children from:

    "The final sentence of paragraph 1a) reading "The mother shall pick up the children at 7:00 pm from Father's residence on Sunday or Monday, as the case may be." be struck and replaced with the following:

    "The Father shall drop off the children at 7:00 pm at the Mother's residence on Sunday or Monday, as the case may be."

    A bit of background:

    Got divorced 2012. Agreement was that Father will pick up kids from mother's residence between 4:45 pm and 5:15 pm on Friday of that weekend and ending at 7:00 pm on the Sunday of that weekend, except if it is a long weekend, in which case, the access ends at 7:00 pm on the Monday of that weekend.

    She is now remarried and living with her new husband. She is a very social person, attending a lot of social events and/or hosting them.

    I've been having a lot of problems with her in picking up the kids, in which she is always late. I made no fuss about it.

    I used to lived 28 km from her new residence (in Scarborough, Toronto, ON) . I just recently moved to downtown Toronto, to be close to work and the kids (now I'm 18 km away.) She told me that the new address has become a new inconvenience to her due to parking and local traffic.

    She tried in the original Order of Justice to have me both, pick up and drop off the kids. Judge told her that she is responsible for the kids 50% and she is responsible for either picking or dropping.

    What are the steps that I have to follow in order to respond to this documents been served to me?

    Are there any suggestions you may give me in order to write the appropriate response and the appropriate wording on this document?

    Thank you very much and I hope to hear from you soon.

    Freddy

  • #2
    Offer a counter proposal that you drop off the kids at school the next morning instead.

    Home exchanges make little sense to me when kids are in school.

    Comment


    • #3
      wow what a useless waste of court time, is she rich now?

      Comment


      • #4
        What to do after been serve paper...what is the next step???

        Hi:

        She is trying to push her will and get off from her responsibility, although I'm planning to counter offer, as previously recommended by dinkyface.

        Unfortunately I work at a downtown hospital and I have patients schedule at 8am (no, I'm not a doctor, just a technologist), and it is too difficult to change this schedule as it affects other staff and patients. So dropping off the kids on Monday morning is out of the question.

        What I'm planning to do is to counter offer. I'm planning to offer a reduction of the Child Support for extra expenses now incurred to me for gas and car maintenance. The time of drop off remains the same, 7:00 pm. Is this reasonable? Any suggestions?

        How long do I have to file my response to her and to the courts?

        With regards;

        Freddy

        Comment


        • #5
          Originally posted by dinkyface View Post
          Offer a counter proposal that you drop off the kids at school the next morning instead.

          Home exchanges make little sense to me when kids are in school.
          ^^^ This. I agree... Home exchanges are not necessary (and make little sense) when children are in school, daycare, summer camp, etc...

          The majority of issues people post here are about parents being stupid at exchanges. Eliminate the opportunity for conflict.

          Comment

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