Making sure im on the right path.

Hi tayken.

I am the applicant. i checked the declaration of parentage to be issued. but new information came across she plans to dispute that(for reason i dont even know). So i wanted to be prepared if and any possible directions i can take.

Now if she admits to me the father would it be within the rules for me to request an order on consent that i be acknowledged as the father by law?
 
SynGreis said:
Thanks.

I plan to use this if she fails to show the birth cert(requested) show proof im on the birth cert and swear on an affidavit that i am the father. I noticed she didnt disagree or agree with my declaration of parentage.
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Unless you signed the birth certificate acknowledging you are the father, the birth certificate will likely have one of two things on it:

1. some other mans name and signature; or

2. the father is listed as "unknown".

She can't put your name on the b/c unless you sign it.
 
Hi Hammer, i edited my post if that means anything.

Hence why i believe im in the right to request to inspect the birth certificate or statement of live birth to see who is listed as the father. would that procedurally correct if that was requested in my brief?
 
SynGreis said:
I am the applicant. i checked the declaration of parentage to be issued. but new information came across she plans to dispute that(for reason i dont even know). So i wanted to be prepared if and any possible directions i can take.
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If she disputes you as the parent then, upon request at the case conference a judge can order a technical order for paternity testing to the best of my knowledge. Do as Mess suggested and request it as part of your relief if paternity is disputed.

SynGreis said:
Now if she admits to me the father would it be within the rules for me to request an order on consent that i be acknowledged as the father by law?
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Why does this matter? I highly recommend you go out and purchase the book "Tug of War" written by the Honourable Mr. Justice Brownstone. Justice Brownstone covers in detailed what is involved in determining paternity before the court. (Furthermore, he is a Canadian judge who serves in the Superior Court of Toronto.)

The first thing that will have to be established for the Application to proceed will be to determine paternity. A simple order requiring a paternity test be conducted and for each party to pay equally for the costs of this test with the ability to seek costs for their portion after determination should be issued.

What you should do ahead of the CC is recommend three labratories that can conduct the perternity test and for consent from the other party in the matter to do this.

Buhendwa v. Girard, 2012 ONSC 3452 (CanLII)
Date: 2012-06-13
Docket: FS-11-0284
URL: CanLII - 2012 ONSC 3452 (CanLII)
Citation: Buhendwa v. Girard, 2012 ONSC 3452

Imineo v. Price, 2012 ONCJ 55 (CanLII)
Date: 2012-02-03
Docket: F412/08
URL: CanLII - 2012 ONCJ 55 (CanLII)
Citation: Imineo v. Price, 2012 ONCJ 55 (CanLII)

Try searching "paternity test" in CanLII.org... You will find oodles of jurisprudence with regards to your questions.
 
SynGreis said:
Hi Hammer, i edited my post if that means anything.

Hence why i believe im in the right to request to inspect the birth certificate or statement of live birth to see who is listed as the father. would that procedurally correct if that was requested in my brief?
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It makes no difference if she didn't list anyone. If she listed someone else that's an entirely different story, but it doesn't help you at all if she didn't list anyone. You already know she didn't list you, as you would have HAD to have signed it in order for it to be accepted bearing your name. So it either has someone else's name or none.
 
You don't have costs. You aren't hiring a lawyer and you can't claim lost income unless you are claiming you earn income. You will not get costs if you lose. You pay costs if you lose.

It's rare that anyone self rep would get costs. WorkingDad did, but he is more the exception than the rule, and his hearing was extremely one-sided in his favour.

I don't believe costs are typically mentioned in an application. I am not sure if it is not permitted, or just uncommon. For sure, costs are not dealt with by the judge until after the decision. Costs are awarded to the winner, perhaps mitigated by whether there was a reasonable offer on the table at the time of the hearing.
 
thanks mess. ill keep that in mind to possibly consider, i also feel its very 1 sided for my favor.

Could a link be provided to working dads case or information as to how he was awarded costs?
 
SynGreis said:
Thank you. Would it be appropriate to ask that an order be made to take a DNA test during the conference in order for a procedural motion??
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Ummm before you were so sure you were the father, didnt want a DNA test or whatever even though you were given sound advice to get one. As long as she said you were the father that was good enough for you. Changed your tune.
 
SynGreis said:
thanks mess. ill keep that in mind to possibly consider, i also feel its very 1 sided for my favor.

Could a link be provided to working dads case or information as to how he was awarded costs?
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You've filed an application. Have you received her reply? What were her major points?

OldLawyer already pointed out you don't have a strong case. I'm not saying this to be mean, I'm saying it to be practical. You are going to be facing hard questions on a number of issues.

A few that haven't been mentioned: In cases I've read on Canlii where a parent seeks to work at home and stay with the child, the judge has turned it down, making observations like how can you work and care for your child at the same time? How much time do you spend working? What will you do with your child if you have a work deadline and can't care for the child? How will you deal with work committments if the child is ill and needs constant care? What are your plans for activities with the child during working hours? You cannot simply ignore the child for long stretches of the day. How will the child socialize with other children? Do you have access to alternate child care in an emergency?

You need to be able to answer all of these types of issues. You will be thoroughly challenged. You do not have transportation, and describe your location as "the boonies." What will you do if you have to get medical care in an emergency? Or run out of diapers? You say you don't have friends or family in the area. What are you doing to develop a support network?

Part of your argument is an inability to work full time at a conventional job because of health reasons. Your ex's lawyer will point out that caring for a child is a full time job. You will need to demonstrate that you will be able to manage at least 8-10 hours a day, 5 days a week, without a break. You can't decide you aren't going to watch a toddler for half an hour while you nap.

This is just a sample of the type of issues that will be addressed if they have a decent lawyer. This doesn't even get into the issue of your work style, and the judge WILL challenge you on that, you will have to make a full financial disclosure, you will be put under 10x as much scrutiny because you do not file taxes. Child support is based on your line 150 on your tax return each year. These calculations are written into legislation. You will be asking for an exception to a rule that governs every other separated/divorced parent in the country. You will have to make a complete case for it.

It is almost certain that you will be imputed an income of at least minmum wage, which is in the $20k per year range. You will be required to pay support on that amount, whether you earn it or not. You will be required to pay a regular amount monthly, not various amounts like mentioned earlier in the thread.

If you cannot show a regular, reliable income, a judge will not consider that your housing is secure, or your ability to provide food, clothing, etc. for your child. You have a snowball's chance of getting custody for that reason alone.

The only issue in your favour is the reluctance of the mother to allow you into your child's life at first. However her stance is mitigated by the fact that there are now regular supervised visits. As long she maintains co-operation it is less likely she will be faulted for her bad choice of the past.

I am not attacking your philosophy, beliefs, or lifestyle here, I am stating what issues the judge will be considering. You reject licenced daycare, you have no means to transport the child, you have no means to get him to school when the time comes, it's not clear if you have access to medical care, you certainly don't have benefits, a dental or drug plan. A judge will be taking all of this into accout when deciding who should be making decisions on education or medical care.

I realize that after 12 pages of this chat, you say that there is more to the story than we know, etc. Your success in court will depend on your ability to outline what the issues are, reasons why they should be decided a certain way, to connect reasons and supporting facts to your issues to show relevance, and to refute in a factual manner any arguments that the mother will bring up. If you can't do that here in a concise and logical way, how are you going to do it for the courts? This doesn't even get into your need to fully research and understand relevant legislation and case law, and be able put it all together in the proper format, fill out the proper forms, and get everything done in a timely way.

This case is definately NOT one-sided in your favour. It is almost certain that you will not get the level of custody and access you are seeking. I would dread being in a position like yours, and I speaking as someone who has been in the court system dealing with a hostile ex over custody, access, and support. My case was a cakewalk compared to yours, and I was stressed beyond belief.
 
watch child at day work at night.

Just got back from access, wanted to simply go in the backyard because my son wanted to go outside. Grand Mother (mother of mother) said no that he shall not leave the property, i told her its still on property in backyard. she replied no its too cold. while she said this i clocked it in it was 18 degrees Celsius, GORGEOUS DAY. She told me it must be in house says in order, told her i have the order, mentions nothing about it being in the house. Told her ALL i wanted is to play with my child outside in the backyard while its still warm.

She told me to vacate. I had to leave.
 
I already know what she will claim. To which no evidence can be provided.

She claims that i hit her and that i abused her. If that were true, why did she come and see me right up until she found out she was pregnant. If i was SO abusive why did she allow me to see my son. Does she have any police records or reports to support any of these allegations, any pictures ANY evidence?

She claims that i punch holes in all my houses. I have affidavit from all my roommates stating that is not the case. She claims that im abusive all the time towards my son, my grand mother and mother dispute that and states the other way around, grand mother stated in an affidavit that the mother was exercising overzealous control and over protective and would not hold my gma and ma the baby for longer then 3 minutes. my brother was also there, they all submitted affidavits attesting to these events.

I have my aunt to put an affidavit that she seriously doubt that is the case for abuse and neglect of the child and that she does not believe the mothers story or claims and that she witness prima facia evidence that the mother the mother has lied to her also. my aunt can also testify that the mother first told her it was mine then wasnt then it was mine, PERSONALLY.

my aunt can also testify in an affidavit that the mother appears to be controlling from her conversation on the phone.

the mothers parents is also in doubt as they also stated it wasn't mine having full knowledge it was and that the parents did not want me to even know about the child prior to his birth. They did not rebut this in my affidavit. I sense some extreme prejudice and also strong probably cause of parental alienation.
 
You should be able to get "reasonable" access. If this were me I would suggest graduated access, first supervised by independant third party (for example try making request at the local daycare centre) so that you have independant verification of your abilities with the child. Otherwise the parents are going to say you are clumsy, don't know how to take care of him, he hates you, etc. etc. Independant supervision is a very reasonable request and should be easy to get, just make sure you have a suggestion for the supervision that a judge will like.

Suggest 10-12 weeks supervised, moving to unsupervised access, moving to overnights on the weekends. If you want to seek more than that you will need a thorough and complete parenting plan. Detail the issues I wrote earlier. For things like when will you work, you write what you told me, that you will work when the child is with mum. Etc. Etc.
 
i removed the names.

Im wondering if a notice of motion emergency can fall under the guidelines to change the venue of visitation. i could argue that conflicts take place and that i wish to avoid any conflict so therefor i recommend gradual access taking place originally at a daycare.

although it may not be confirmed, but i could also argue that they are attempting to provoke me into a reaction or an act of violence and i wish to avoid that.
 
SynGreis said:
I already know what she will claim. To which no evidence can be provided.

She claims that i hit her and that i abused her. If that were true, why did she come and see me right up until she found out she was pregnant. If i was SO abusive why did she allow me to see my son. Does she have any police records or reports to support any of these allegations, any pictures ANY evidence?
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Reading into your post, it sounds like you're stating that even though what she says is true, she just can't prove it.

To be honest, if what she she claims isn't true, why wouldn't you just state that it never happened and therefore cannot be proven rather than ask the (bolded) rhetorical question?
 
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