Ulysses, I have to finish filling in the form 35.1 Affidavit. Obviously I can't answer 12: My plan for the care and

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Customer: Hi Ulysses,
I have to finish filling in the form 35.1 Affidavit. Obviously I can't answer 12: My plan for the care and upbringing of the children from my angry emotional side, so what answer is most likely to be pleasing to the judge?
Answered by Ulysses101 in 11 mins 2 months ago
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Ulysses101, Expert

Thank you for requesting me.  It's ok to be terse in such things.  Have you drafted anything yet for that section?
Customer
All I've filled in so far is my living address for our rental house that I've lived in for the last 4 years. Picked the current house based on the proximity to the children's father but then youngest daughter decamped to dad's house and hasn't been seen since. Want to stay in current rental house because it is within walking distance to the high school O attends (the daughter who lives with me) and I feel another change in schools would not be good for her. Also the son who lives with me can easily commute to the university campus
Customer
I presume I should check the jointly box for (C): decisions for the children will be made as follows: ?
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Ulysses101, Expert

If  you're looking for an order for joint custody or joint decision making authority, then yes.  If the existing order or contract says it's joint, and you don't want to change it, then check "joint".  If you have sole custody or sole decision making authority already, then I suspect you don't want to actively seek an order making it joint.

For the Plan for Upbringing, you essentially list what school and doctor the children have.  Then say that contact with the other parent is as ordered or agreed upon, taking into account the age appropriate views and preferences of the child.  Vague is your friend.

Customer
For G) My plan for the children to have contact with others: Encourage the maintenance of the children's relationship with their grandparents in New Brunswick and hopefully restore the relationship of J ( alienated daughter) with her grandparents, siblings, and other family friends
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Ulysses101, Expert

That's not unreasonable.

Customer
Originally it was sole physical custody with joint decision making
Customer
Is there a spot where i ask for restoration of access to the daughter I haven't been able to see for over two years? Or at least for a restoration of contact between her and her two siblings who live with me? As I believe her to have been utterly turned against her siblings and myself ( and she refused to see her elderly grandparents when they. visited Ontario this summer), her stated preferences will kost likely be that she does joy want to have anything to do with myself, her siblings, or any one in my family circle
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Ulysses101, Expert

How old is that child?

Customer
She will be 16 in March of 2023. She "decided" to move to her dad's house back in October of 2019
Customer
Stepmother has previously texted eldest daughter that my only interest in having youngest daughter stay living with me was because I only wanted the child support money
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Ulysses101, Expert

You can ask for an order that the father not interfere in any relationship with that child, and ask for an order that you may have contact and access with that child at the child's sole discretion, and an order that the father encourage the child to engage with you for joint counselling or supervised access or communication.  However, the court isn't going to order a  sixteen year old to have access with a parent if the child literally refuses it.  Still, you can make some hay by raising these issues and your evidence will make father look bad.  This is something to discuss with your lawyer.

I'm going to mark this question thread as complete Lisa, although I'm here to discuss your draft 35.1 with you further, of course.  I'm on and off for the rest of the afternoon, I have to get a pile of baking done for a function.

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