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Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100040
Experience:  Lawyer
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My son is on a court list to book a court date I would like

Customer Question

My son is on a court list to book a court date I would like it cancelled or delayed but I am told I cannot this does not sit well with me because when I first asked for the booking I was told it could be changed I do not want to incur lawyers fees unnecessary as my spouse wants to talk to try and resolve issues now and maybe we can avoid court
Submitted: 2 years ago.
Category: Canada Law
Expert:  Debra replied 2 years ago.
Where is your son located? You have provided the site with the information that this is relating to Canada and Colorado. Please explain.
Customer: replied 2 years ago.
We are in Thunder Bay Ontario Canada
Expert:  Debra replied 2 years ago.
Who told you the court date cannot be adjourned?
Customer: replied 2 years ago.
Our lawyer what does adjourned mean when we are just on the list to book adate and might need to cancel
Expert:  Debra replied 2 years ago.
It means postpone. You can ask for an adjournment and there is a good reason for it. You are hopeful that the matter can be settled. This can be adjourned on consent if the other party agrees or else on application to the court. Just tell the lawyer you want a chance to settle and to apply for an adjournment.
Customer: replied 2 years ago.
Should we go for a motion instead we have an agreement for joint custody with one week on one week off acess but childrens lawyer ruled in favour of my son for sole custody which is what we are after but she is not willing to sign off on it and wants child and spousal support how difficult is it to change this agreement and once we have sole custody do we control the acess or does it need to be addressed by the courts
Expert:  Debra replied 2 years ago.
She is not going to agree to sole custody but your son has a very strong case in his favour so it honestly doesn't make sense not to proceed to court. The Court will almost definitely follow the OCL report. You don't control access unless the agreement says you do. It doesn't make sense to seek an adjournment but in light of the OCL report I can see her agreeing on the eve of trial. I think your lawyer is likely thinking the same thing I am.
Customer: replied 2 years ago.
So the issue of acess should be dealt with at trial if we have full acess does she get child support how about spousal support my son makes 40,000.00 per year she does not work but was on welfare and she is a hairdresser by trade and was a pharmacy technician before the split .the child is 6years old -
Expert:  Debra replied 2 years ago.
If the child lives with your son then she has to pay child support based on her income. Spousal support is a different issue and aside from the fact I cannot address that on this post I don't know the facts well enough to know what she would be entitled to, if anything.
Customer: replied 2 years ago.
The child is autistic and needs a stable home what are the chances of acess be given to my son considering child's lawyer recommends sole custody but acess of one week off and one on the child might need to go on meds and it is imperative that he is monitored while on the drugs and it's very difficult to do with that schedule plus he is having difficulties in the transitions he no sooner gets settled with us and he has to go to his mom who by the way has mental and drug abuse issues has been in rehab and we are under constant worry when child is in her care
Expert:  Debra replied 2 years ago.
I cannot know the chances but these factors are very compelling and strongly in your son's favour.
Customer: replied 2 years ago.
To conclude going to trial is the way to and we have a good strong apse to win should she be brought in for questioning because she is a good liar and manipulator and never has any backup and I have been hearing about imputing income how does that fit in this situation
Customer: replied 2 years ago.
Also can she get retro child and spousal we have been trying to negotiate payment to no avail
Expert:  Debra replied 2 years ago.
The imputing of income is done when the court finds she should be employed and could be and is deliberately unemployed. I don't know the facts well enough to know if she is entitled to retro support.

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