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bcsurrey · Aug 28, 2010, 01:39 AM

My two sons are currently staying with my ex-wife and I have 2 days a week interim access order in British Columbia, Canada, I stay with my parents. I have pre-trial coming up in about two months. I requested to have joint custody, but she only wants sole. There isn't any danger to my kids from me and there isn't anything she has accused me of. She just took away kids (7 & 5 years ) from all of us suddenly and enjoying life with them by getting funding through govt and child benefit from me. I have been accused of having a girl friend however I had no sexual relations with her. What are my chances of getting joint and what do you mean by providing a witness to prove my relations with kids? What the court ask my witness and how many I need to prove?

ScottGem · Aug 28, 2010, 05:25 AM

First, there are two types of custody, legal and physical. You should have no problem getting joint legal custody which gives you an equal say in major decisions about your children. Things like schooling, medical care, etc.

Physical custody is another story. More likely she will get primary physical custody with you getting visitation. Possibly the 2 days a week you have now or maybe more.

As for the witness, the court is looking for proof that you have been active in your children's lives. That you have attended school functions for example. Family members, teachers, clergy etc. should help there.

bcsurrey · Sep 4, 2010, 05:31 AM

My two sons are currently staying with my ex-wife and I have 2 days a week interim access order in British Columbia, Canada, I stay with my parents. I have pre-trial coming up in about two months. I requested to have joint custody, but she only wants sole. There isn't any danger to my kids from me and there isn't anything she has accused me of. She just took away kids (7 & 5 years ) from all of us suddenly and enjoying life with them by getting funding through govt and child benefit from me. I have been accused of having a girl friend however I had no sexual relations with her. What are my chances of getting joint and what do you mean by providing a witness to prove my relations with kids? What the court ask my witness and how many I need to prove?

ScottGem · Sep 4, 2010, 05:41 AM

There are two different types of custody; physical and legal. You should have no problem getting joint legal custody, but she will probably get primary physical custody. You may be able to get another day a week though.

bcsurrey · Sep 4, 2010, 06:56 PM

Thanks ScottGEm, but I am wondering, can I get physical joint custody as well? What do you think, does only she has right to get physical, not a father? Is it so uncommon to get physical custody by father?

bcsurrey · Sep 4, 2010, 06:57 PM

Thanks ScottGEm, but I am wondering, can I get physical joint custody as well? What do you think, does only she has right to get physical, not a father? Is it so uncommon to get physical custody by father?

ScottGem · Sep 4, 2010, 07:38 PM

Please don't use the Comments feature to post a follow-up. Use the Answer This Question options.

Give what you have told us I don't think you can. Courts usually show preference to the mother in terms of physical custody, unless the mother can be proven unfit. And I don't see enough to do that.

bcsurrey · Sep 12, 2010, 09:55 AM

At FCC(Family Case Conference) it was agreed that my wife will provide me kids' school & Day care addresses so that I can on alternate weeks pick & drop off kids from school & Day care, but it wasn't provided even now when entire week is gone and I have been foced to miss access of kids this week. What steps can be taken? This is obviously first time that she missed giving me access but deliberately she didn't give me required school & Day care addresses, can something being done? My lawyer faxed to opposing counsel several times, but her lawyer didn't respond. Is that so common or will it have any other favourable effects for me or do I have to just wait to see when she can be empathetic to my situation. Please suggest only if you have sound knowledge of these questions. Thanks in advance.

bcsurrey · Sep 12, 2010, 09:57 AM

My two sons are currently staying with my ex-wife and I have 2 days a week interim access order in British Columbia, Canada, I stay with my parents. I have pre-trial coming up in about two months. I requested to have joint custody, but she only wants sole. There isn't any danger to my kids from me and there isn't anything she has accused me of. She just took away kids (7 & 5 years ) from all of us suddenly and enjoying life with them by getting funding through govt and child benefit from me. I have been accused of having a girl friend however I had no sexual relations with her. What are my chances of getting joint and what do you mean by providing a witness to prove my relations with kids? What the court ask my witness and how many I need to prove?

GV70 · Sep 12, 2010, 10:07 AM

Haha-having a girlfriend IS NOT a factor in child custody proceeding except she is a danger to the children.
There are two types of joint custody-joint legal and joint physical custody. What exactly do you want?

GV70 · Sep 12, 2010, 10:11 AM

... and please do not post your question many times.

Fr_Chuck · Sep 12, 2010, 10:20 AM

First STOP, posting similar questions over and over. I have deleted and/or merged to the best I could. I am afraid some good answers may have been lost, since another mod seems to have been moving some of your answers at the same time I was trying to do the same thing.

You merely answer your own question to add more info.

It can take several days at times for all of the experts to read and come back to answer, so asking it over and over again does not help at all.

ScottGem · Sep 12, 2010, 10:51 AM

If orders from the court are not being adhered to, then you go back to the court to have them enforced.

bcsurrey · Sep 13, 2010, 06:49 PM

Sorry if you find my questions over n over again. I am quite unfamiliar with this site's format and at the same time try to look around for possible answers to my questions in such a distress situation. GV70---> I am looking for Joint physical custody & Joint guardianship, however my wife wants ONLY sole physical custody and that's where the fight is. I have conveyed to my lawyer last week that my wife hasn't provided addresses of school n day care and my lawyer also sent couple of faxes to other counsel, but nothing was done beyond that. So I am left to my own fate. Contacting my lawyer over n over costs me money as I have to pay for every single mode of communication. That's the reason I am trying to seek help of you guys. Thanks.

ScottGem · Sep 14, 2010, 05:22 AM

The site's format is fairly simple. You post a question, anyone who thinks they can help posts a response. You read the response, if you have any further questions or clarifications you post a follow-up to the thread.

But when the question has already been answered reposting the same question doesn't really help. I understand contacting your attorney costs money. So you ask the attorney why he isn't asking the court to cite your ex and her attorney for contempt. Just faxing a request for info once the request has been ignored, is ineffectual. Get tough with your attorney. Tell him you are paying him for results.