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  • Filing an affadavit?

    Hey, all.

    I have a court date(Court docket?) this coming week, regarding guardianship.
    While I have found a fair amount of information on this and other sites, I am still not sure what to state in this affadavit.

    While I have had a paralegal advising me, I'm thinking it may be prudent to hire legal counsel, for the actual court dates, at least.

    So, two questions...

    1. I'm tryng for joint guardianship, and have a record of co-operation and working together for our son.
    What, exactly, should I put in this affadavit?

    2. I have an appointment with a lawyer next week, one day after the court date.
    Is it possible to adjourn this court date until I have representation?
    If so, do I just ask for a continuance/ adjournment when I go to court?

    Thanks.

  • #2
    1. You have to show how Joint is best for your son and is working. I can't offer any more. Sorry.

    2. I would ask the opposing side for their consent for an ajournmenet. If they agree fine file the required papers. In ontario it's form 14C and check off ajounment on consent. Otherwise prepare as best you can and on form 14C check off contensted ajournment and when in from of the judge ask to adjournment and say you have an actual date to see a lawyer.

    From you terminology it seems you are not in an ontari court. So the forms and details might be different.

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    • #3
      I'm in Alberta.

      Comment


      • #4
        you have to check the Alberta rules then but I bet they are similar. The jist is the same.

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        • #5
          Okay....

          Went to court, got an adjournment so I may speak to a legal professional.
          BM wanted to talk, so we went for coffee.
          She wants me to be guardian of our son, but wants final say on Medical, Educational, and Place of Residence issues.

          As I understand it, there is no partial guardianship.
          Either I will be a guardian, with these issues included, or not at all.
          Anybody know?

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          • #6
            In ontario decision making is reffered to custody. There is joint custody, sole custody and sometime the custody is split with on parent having the final say on education while the other has final say on the medical, etc.

            If on parent does not think the other is making good decisions, they can take it to court again. So in my view, the court has the final say on everything period.

            Comment

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