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My ex and I have joint custody of our 2 daugthers. I am the…

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My ex and I have...

My ex and I have joint custody of our 2 daugthers. I am the custodial parent and he has access to our girls 1 day during the week and every other weekend. He rarely takes our girls and hasn't done so since our agreement was signed 4 years ago. His summer vacation is suppose to be 1 week in July and 1 week in August which he never utilizes. He makes a considerable amount of money and refuses to provide me with his updated salary/T4 to adjust his child support as per our agreement and the child support tables. He also refuses to pay for dental claims, babysitting, extra ordinary expenses which our agreements says he should be. He continues to "blackmail me" or suggest that I cannot take our children on vacations to Flordia, etc unless I lower his child support. Its only after my daughters beg him that he gives in. Recently, I notified him back in May that I wanted to take the girls on a trip to Washington DC then to New Jersey to visit family. He agreed that this is fine. 3 weeks ago, he asked to take the girls to Portugal for 2 weeks. I told him that if the girls wanted to go, I am fine with it. Our girls told him that they didn't want to go for that long. He then proceeded to swear and yell at our daugthers (age 5 and 10). He then informed me that he would not permit me to take our children on holidays and he would call the border patrol and ensure that this doesn't happen. I am now stuck with no way to take our children on vacation. I cannot raise our daughters with a man who treatens me and doesn't look at whats best for our children. Do I have options? Could I file a motion to change in Ontario? Is it possible to change our order or do I have wishful thinking? I would like to file Form 15, 15A as soon as possible? Do I also need to submit Form 13: Financial Statement? (If I would also like to request he update is CS responsibilities) Do I also need to submit and Confirmation of Assignment Form? His payments are already coming through FRO. Thanks in advance

Submitted: 11 years ago.Category: Canada Law

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7/26/2011

Lawyer: Debra, Lawyer replied 11 years ago

Debra, Lawyer

Category: Canada Law

Satisfied Customers: 146,191

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Debra Thal (username) :

Thanks for providing most of the answer!

Debra Thal (username) :

You have done your research well.

Debra Thal (username) :

Yes you can bring a motion to change.

Debra Thal (username) :

He cannot call the shots in a case like this. He is likely under-supporting his children and is not involved in their lives in a meaningful way.

Debra Thal (username) :

You need to get sole custody, an order for retroactive reimbursement of the extraordinary expenses he should have been paying, a retroactive adjustment in support if he's been under-supporting and an adjustment of support going forward.

Debra Thal (username) :

He is in breach of the law in Ontario by not providing annual disclosures.

Debra Thal (username) :

disclosure.

Debra Thal (username) :

You should also ask for your costs.

Debra Thal (username) :

And you do need to provide Financial Statement.

Debra Thal (username) :

I don't think you need the Confirmation of Assignment Form.

Debra Thal (username) :

They are just enforcing the Order.

Debra Thal (username) :

I am not positive though.

Debra Thal (username) :

It's really for when someone else gets the support.

Debra Thal (username) :

That's not the case here.

JACUSTOMER-l3jpzepk- :

Thanks for your reply. Would it be acceptable to start the procedure myself and if he hires a lawyer, could I then hire a lawyer to represent me?

Debra Thal (username) :

Yes.

Debra Thal (username) :

There is no reason why you cannot self-represent.

Debra Thal (username) :

You are clearly capable of it and it makes it harder for him because there is no meter running on your end.

Debra Thal (username) :

If you find that he gets a lawyer and you cannot keep up with the lawyer then it makes sense to retain your own.

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