Ottawa Divorce .com Forums


User CP

New posts

Advertising

  Ottawa Divorce .com Forums > Main Category > Divorce & Family Law

Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

Reply
 
Thread Tools
  #1  
Old 01-17-2017, 07:18 PM
trinton trinton is offline
Banned
 
Join Date: Feb 2016
Posts: 1,705
trinton has a little shameless behaviour in the past
Default material change re: custody vs material change re: access

I have been struggling on this concept for a bit. What exactly distinguishes a material change re: custody vs a material change re: access? What are some examples?

Is a change in a parent's lifestyle a material change for custody or access? i.e., change in work shift, work hours, type of work? If a parent is working as a stripper, escort, etc ?

Is a relevant passage of time change a custody change or access change, or both? I know there are cases where the custody order was changed because the order was wrapped around the child's tender age with no thought given on the child attending school as well as the sharing of the holidays, etc.

Really trying to understand how they are distinguished and how they can be the same. I know the case law is that once a material change is established, then the court is to embark on a fresh inquiry as to what is in the best interests of the child without giving the custodial parent the upper hand - or something to that extend. But I know that a material change can't be for both custody and access at other times. Very confused.
Reply With Quote
  #2  
Old 01-17-2017, 09:19 PM
stripes stripes is offline
Senior Member
 
Join Date: Feb 2013
Posts: 2,838
stripes is on a distinguished road
Default

Custody is decision-making power. Who makes decisions about where the child will live, go to school, medical decisions, decisions about religious issues?

Access (residence) is time spent with the child. How much time does the child spend with each parent?

A person can have shared custody even if the child resides most of the time with the other parent. In order to request a custody change, you would have to show that the other parent is unwilling or incapable of making decisions with respect to the child. Being a stripper or an escort does not affect decision-making ability. If your ex is a stripper/escort, you may disagree with her occupational choice but that does not mean she is incapable of participating in decision-making. A material change that would justify changing custody would have to be something pretty major, like brain damage or moving to the other side of the world with no internet access. I believe the bar is set lower for changes to residence/access.
Reply With Quote
  #3  
Old 01-17-2017, 11:02 PM
trinton trinton is offline
Banned
 
Join Date: Feb 2016
Posts: 1,705
trinton has a little shameless behaviour in the past
Default

good information. helps.

Last edited by trinton; 01-17-2017 at 11:13 PM.
Reply With Quote
Reply


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On


Similar Threads
Thread Thread Starter Forum Replies Last Post
Joint Physical Custody: Smart Solution or Problematic Plan? WorkingDAD Parenting Issues 19 09-17-2012 06:38 AM
Custody and Access Decision-Making and the Breastfeeding Child: Cavannah v. Johne WorkingDAD Divorce & Family Law 8 05-03-2011 10:55 AM
Joint custody - questions & answers (US) first timer Parenting Issues 0 03-20-2011 12:07 AM
Have I given up my rights as a parent? brokendad Common Law Issues 3 11-05-2009 06:57 PM
How to proceed CatvsLion Divorce & Family Law 9 04-25-2006 10:10 PM


All times are GMT -4. The time now is 02:07 PM.