Did you get a written endorsement today?
Read the order over carefully. Who is preparing it?
I'm glad you have something in writing.
I've often heard of people using the local police station as a place for exchanges.
I've heard many people actually prefer exchanges here. Open 24/7 and lots of witnesses.
So I need some feedback. Now that my ex's criminal charges have been withdrawn, is there any reason why a judge wouldn't enforce a return to normal exchanges, without utilizing a third party?
I'm going to file a motion to change based on the updated situation, and don't really know what to expect.
PRIMARY OBJECTIVE
(2) The primary objective of these rules is to enable the court to deal with cases justly. O. Reg. 114/99, r. 2 (2).
DEALING WITH CASES JUSTLY
(3) Dealing with a case justly includes,
(a) ensuring that the procedure is fair to all parties;
(b) saving expense and time;
(c) dealing with the case in ways that are appropriate to its importance and complexity; and
(d) giving appropriate court resources to the case while taking account of the need to give resources to other cases. O. Reg. 114/99, r. 2 (3).
DUTY TO PROMOTE PRIMARY OBJECTIVE
(4) The court is required to apply these rules to promote the primary objective, and parties and their lawyers are required to help the court to promote the primary objective. O. Reg. 114/99, r. 2 (4).
DUTY TO MANAGE CASES
(5) The court shall promote the primary objective by active management of cases, which includes,
(a) at an early stage, identifying the issues, and separating and disposing of those that do not need full investigation and trial;
(b) encouraging and facilitating use of alternatives to the court process;
(c) helping the parties to settle all or part of the case;
(d) setting timetables or otherwise controlling the progress of the case;
(e) considering whether the likely benefits of taking a step justify the cost;
(f) dealing with as many aspects of the case as possible on the same occasion; and
(g) if appropriate, dealing with the case without parties and their lawyers needing to come to court, on the basis of written documents or by holding a telephone or video conference. O. Reg. 114/99, r. 2 (5).https://www.ontario.ca/laws/regulation/990114
This is HILARIOUS... ninehundredt my case is somewhat similar to you except the charge were laid on me; with access denied after loosing access to my home... going through a big stress of what would be the outcome as I had to relocate, manage extra expenses on top of mortgage and utilities of the marital home, pay CS and so on... no friends and family around to talk to so I relied on my co-workers to express my feelings and "bang". I was arrested at work for saying "I felt to choke her for what she was doing." I'm the one with criminal charge and after the CC, I can't see my kids unless it's supervised. In your case, she's the one with criminal charge and SHE HAS THE KIDS with her and she's asking for your access to be supervised...
Seriously, Family Law is really driven by discrimination and as my charge will also be dropped just before my next motion, I can't wait to see if my access will be re-instated the way I am requesting. For sure it will be a long week. I'll keep updating my other thread so that people see what are the outcomes with parenting when the father faces criminal charge vs the mother.