Tuesday, October 26, 2010

The fight of my life begins on Thursday - 28th October

The court date is on Thursday.

Everyone is telling me not to worry. But I can not help it. I am beyond scared right now.

I have gone over Jason's statement more times then I care count.
My logic tells me that his claims are totally warped - most of which are taken completely out of context. Most are just plain ridiculous.

I will share some of his statement with you.
*Excessive alcohol consumed during all periods of day and night
*I allow my 2 year old to consume alcohol
*I was physically abusive to him
*My house is filthy and unhygenic
*I was unable to collect or drop off the kids at the house (ummm..you didn't have a drivers license???)
*My children dont brush thier teeth (you know this how?)
*Saige has emphazima (umm...its excema you dick!)
*I do not contribute financially to any of the girls expenses (WTF!! You havent paid maintenenace for 3 months!)
*I am emotionally unstable.

I have prepared a rather lengthy counter affidavit and I really believe that I have countered every one of his accusations - and proved them to be factless and they were made out of nothing more then jealousy.

I have been googling as much as I can to prepare myself for this process, and what I have found has given me a bit of a boost.

Is it possible to alter a Permanent Parenting Plan?
It is difficult to alter a Parenting Plan after it is final. Usually, it may be changed if the parents agree to the change. If the parents do not agree, the court may make major adjustments, such as who the child lives with, only if a major change has occurred in the life of the child or the other parent since the original Parenting Plan was final. It is not sufficient that the parent wanting the change thinks that his or her life has improved so much that the children should now live with him or her.

Should the parents not agree on the change, one of these things must have occurred before the court will order a change in where the child lives:
• The child has gone to live with one parent for an extended period of time with permission of the other parent.
• The parent who does not want the change has been held in contempt of court, or that parent has been convicted of interfering with the other parent's time with the child.
• The child's present life with a parent has been shown to be physically or emotionally harmful.

I think I have a pretty strong case just based on the above?

And then I found:

When considering an application contemplated above the court must take into account the best interests of the child, the relationship between the applicant and the child, and any other relevant person and the child, the degree of commitment that the applicant has shown towards the child, the extent to which the applicant has contributed towards expenses in connection with the birth and maintenance of the child, and any other fact that should, in the opinion of the court, be taken into account. If in the course of the court proceedings it is brought to the attention of the court that an application for the adoption of the child has been made by another applicant, the court must request a family advocate, social worker or psychologist to furnish it with a report and recommendations as to what is in the best interests of the child, and may suspend the first-mentioned application on any conditions it may determine

I really dont want to give myself false hopes, but with J's abusive behaviour in the past, his non payment of maintenance, his complete lack of attention to the girls prior to the divorce......I can not see how he will even get close to being granted custody?

After the court case I will copy and paste both affidavits. I have also got numerous references from close friends and family stating how difficult he has been making my life and how abusive he has been to me, not only during our marriage but after - and that I am a good mom!

Please - if you have any good vibes to spare - send them my way on the 28th?


Wenchy said...

i wish you all the best of the best... u can do this

totally cooked said...

right behind you sunshine ;)

supermom said...

I don't think he has ANY chance but I can just imagine how stressful this must be for you (((hugs)))

sleepyjane said...

I'm sending you some calm and strong energy!