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Tom B.
Tom B., Barrister & Solicitor
Category: Canada Law
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Experience:  25 years in practice
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I have sole custody, can my ex get joint custody or 50/50

Customer Question

I have sole custody, can my ex get joint custody or 50/50 residency?
Submitted: 1 year ago.
Category: Canada Law
Expert:  Ulysses101 replied 1 year ago.

Hello, thank you for the question.

Your ex can certain ask, but that's not what you want to know.

You want to know what are the odds of your ex getting what they want, right?

Can you tell me more about what's going on? Don't use details that can identify you.

Customer: replied 1 year ago.
My ex is trying to get joint custody and 50/50 residency because he wants his S7 expenses to go away so he doesn't have to pay but I was granted sole custody.
Expert:  Ulysses101 replied 1 year ago.

So you already have sole custody in a court order? And your ex is trying to change that? Are you in court now, or are they just talking about it?

Expert:  Ulysses101 replied 1 year ago.

I'm seeing another fresh question thread from you? That's fine, if you want to ask the question twice and talk to two experts. I just don't want to see you charged twice by the site for the same question, if you posted fresh rather than replying to me here.

Customer: replied 1 year ago.
Sorry I asked the question then my phone crapped out then sent it again not knowing it already sent. I would like to continue talking to you.
Expert:  Ulysses101 replied 1 year ago.

That's fine. I'll ask the site to close the other question thread and to refund your deposit for that one (assuming that you're not on subscription).

Can you please reply to me when you can about the existing court order, and whether you're back on court?

Customer: replied 1 year ago.
thank you that would be greatThe existing court order states that I have sole custody, he is constantly threatening to take me to court for joint custody and 50/50 residency.
Customer: replied 1 year ago.
It will be back to court soon
Expert:  Ulysses101 replied 1 year ago.

But has he served you with court papers yet, or is just saying that he will?

Customer: replied 1 year ago.
Right now he is just saying
Expert:  Ulysses101 replied 1 year ago.

Ok, I'm getting the picture. He clearly thinks that getting 50/50 or shared custody will reduce or eliminate his support obligations. But that isn't a reason to change custody. It's just his motivation.

So does he say why he should have shared custody? What are his complaints about the current custody and access regime?

Customer: replied 1 year ago.
He just thinks he shouldn't pay daycare costs he thinks he can get it to shared custody so I can't charge him babysitting
Expert:  Ulysses101 replied 1 year ago.

Is the babysitting contribution covered in the existing court order?

How old is the order? Is he paying the proper support?

Expert:  Ulysses101 replied 1 year ago.

I understand you're beliefs as to why he's talking about seeking shared custody. But he can't simply put in his court papers "I want shared custody because I don't want to pay for daycare", that's not a reason or evidence which the court will consider.

What could he say about why the current situation isn't working out, and why it's better for the child to be with him half time? I'm asking you to put yourself in his shoes and think about he might say to the court.

Will he allege that you have fresh criminal charges? Mental health? That you move around alot, or have a different boyfriend every 6 weeks? What do you think he'd say in order to get his way?

Expert:  Ulysses101 replied 1 year ago.

I'm still here to continue discussing your matter, if you wish.

Ulysses

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