Some Case Summaries: Joint Custody and more

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hey there, im new to this site. i have been fighting a year and a half long court battle with my ex wife who has tried to keep me from seeing our daughter. The Office of the childrens laywer got involved and their report suggests joint custody and access every other weekend from friday pick up at school to monday drop off at school and every wednesday from after school to thursday morning drop off. the interim order based on her lies gave me access every other weekend from saturday morn to sunday eve at 5pm and every wednesday from 3:30 to 7pm. My ex has dragged out everything with stall tactics and i really want to start having more time with her. it is probably going to trial but in the meantime do you think it is worth my putting in a motion to change the temporary access order so i have more time with her until the trial date. i have read up on only one case and it was denied but it was asking for a residency change and not just more time. problem is she has a laywer and i dont so if i lose i will have to pay her lawyer. any advice would be so appreciated.
 
dman24man said:
hey there, im new to this site. i have been fighting a year and a half long court battle with my ex wife who has tried to keep me from seeing our daughter. The Office of the childrens laywer got involved and their report suggests joint custody and access every other weekend from friday pick up at school to monday drop off at school and every wednesday from after school to thursday morning drop off. the interim order based on her lies gave me access every other weekend from saturday morn to sunday eve at 5pm and every wednesday from 3:30 to 7pm. My ex has dragged out everything with stall tactics and i really want to start having more time with her. it is probably going to trial but in the meantime do you think it is worth my putting in a motion to change the temporary access order so i have more time with her until the trial date. i have read up on only one case and it was denied but it was asking for a residency change and not just more time. problem is she has a laywer and i dont so if i lose i will have to pay her lawyer. any advice would be so appreciated.
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It all depends where you as of trial date. At least you should not have problem to have what OCL recommend. It really hard to give you move detailed advise as a lot of info required for that is unknown.

read this - it may give you some ideas.
 
dman24man said:
There is no trial scheduled, i am not sure what to do next. should i be booking a pre-trial conference?
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you need to start new tread with details of your case (just facts with dates - no venting) than you may have some advise. As I said it very hard to tell anything without more details...

WD
 
ocl

ocl

You sound like me. I think you sighned something at one of your case conferences and now there is a temporary order you have to abide by. Are you at trial management yet? you don't need anything but that OCL report, you don't even need to open your mouth next time your in front of a Judge, I'm presuming the report has not made it into the court room yet. When it does you will have your day.
Until then if you have the time push your motion , this is your child too and no one has the right to punish you for exercising your parental rights as a this child's father.
 
thanes1 said:
Hi
I'm a 37 dad going through a divorce in Toronto. I have two small kids. I filed for divorce a month ago and my biggest concern is gaining 50/50 custody of my kids or, better yet, full custody. Is there still a big preference for giving the wife/mother full/greater custody of children in a divorce?
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Welcome...unlike in some States in the US where at the breakdown of a marriage, there is a presumed 50-50 shared custody, Canada is not there yet.

Additionally, not unless your soon to be ex (stbx) can show beyond reasonable doubt that you are incompetent i.e. a drug/drug user, gambler/abuser etc

However, If none of the above applies, "just because" is not going to cut it in court. If you somehow allowed a situation where she didn't work and stayed home, then that can be used against you
 
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