Custody Dispute Guidance

Summary

In Ontario, you can refuse changes like overnight visits if theres no court order, but the court considers the childs best interests. Maintain the current schedule unless a court order dictates otherwise. Delaying a response might lead to assumptions of agreement, affecting negotiations or court views. Keep detailed records of communication and incidents. While hiring a new lawyer, maintain current arrangements, document everything, communicate clearly, avoid confrontations, and seek temporary legal advice. For the upcoming conference, prepare documents, focus on the childs best interest, and consider temporary orders. Obtain and review the police report, and share it with your lawyer. Present the doctors note at the conference unless immediate concerns arise. Emphasize the childs nutritional needs and routine in arguments.

Full Conversation

am separated and in a custody/parenting time dispute for my *-month-old daughter in Ontario. The father’s lawyer recently sent a proposal asking for overnight visits. My lawyer has not responded yet, and I am in the process of finding a new lawyer. In the meantime, I want to understand: Do I have the right to refuse or delay overnight parenting time until my child is older? Can I continue following the current schedule (daytime visits only) while I wait for proper legal representation? What risks do I face if I don’t respond immediately to their proposal? How should I document and push back myself until I have a new lawyer? For context: the father showed up at my home twice last month on a Sunday, claiming it was in his lawyer’s proposal. On one of those occasions, I had to call the police.
In Ontario, here are some general points regarding your situation:
- Parental Refusal/Delay: You may refuse changes like overnight visits if there's no court order, but the court considers the child's best interests in custody disputes.

- Current Schedule: You can maintain the current arrangement unless a court order dictates otherwise.
- Risks of Non-response: Delaying a response might lead to assumptions of agreement. It could affect negotiations or be viewed negatively in court.
- Documentation: Keep detailed records of communication, incidents, and your child's well-being.
Given the complexity, finding a new lawyer quickly is crucial. Would you like assistance connecting with local lawyers?
I am interviewing lawyers at the moment. How do you suggest I handle the situation until the lawyer is hired
Here are a few steps you can take while you're in the process of hiring a new lawyer:
- Maintain Current Arrangements: Stick to the existing schedule unless advised otherwise by a court.
- Document Everything: Keep a detailed record of all interactions and incidents.
- Communicate Clearly: Politely inform the father's lawyer that you're in the process of seeking legal advice.
- Avoid Confrontations: Stay calm and avoid any confrontational situations with the father.
- Seek Temporary Legal Advice: Consider consulting legal clinics or resources for immediate advice.
If you need further guidance, feel free to ask!
I also have the first conference coming up in October 15th
For your first conference on October 15th, here are a few tips:
- Preparation: Gather all your documents, including communication records and any incidents.
- Focus on Child's Best Interest: Emphasize this in discussions.
- Temporary Orders: Consider asking for temporary orders to maintain the current schedule.
- Legal Representation: Ensure your new lawyer is aware of all details before the conference.
If you have more questions or need specific advice, feel free to ask!
What do I do about the police report
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Regarding the police report:
- Request a Copy: Obtain a copy of the police report for your records.
- Review the Details: Make sure the report accurately reflects the incident.
- Provide to Lawyer: Share this report with your new lawyer once hired.
If you need further assistance, feel free to ask!
The father is dropping the child on *:* pm while the negotiation was *:* pm. I am getting a doctor's note on it. When do you suggest I present the doctor's note.
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You should present the doctor's note at your first conference on October 15th. It can help support your position regarding the timing of child drop-offs and any concerns about the child's well-being. Make sure your new lawyer is aware of the note and uses it effectively.
So I should not bring it before with the other party
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In your situation, it's generally best to wait until the conference to present the doctor's note unless there are immediate concerns about your child's well-being that need addressing. If you feel it's crucial to present it sooner, consult with your new lawyer for advice.
My child is still breastfed and she doesn't take bottled beast milk and the dad won't give cows milk as he is vegan. What should my argument be
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In your case, you can emphasize the importance of maintaining the breastfeeding routine for your child's nutrition and well-being. Highlight the child's reliance on breast milk as a primary food source and any potential health implications from the sudden dietary change. If possible, obtain a medical opinion to support your argument.
Ca
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It's important to emphasize the child's nutritional needs and the current breastfeeding routine as part of your argument. A medical opinion can bolster your case. If you have any more questions or need further guidance, feel free to ask!
Breast milk is not her primary food as she is 20 months
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Given that your child is 20 months old and breastfeeding is not her primary food source, you might focus on the routine and comfort breastfeeding provides rather than nutrition alone. You could argue for maintaining stability in her diet and routine. Do you have any more concerns or questions regarding your case?
Can't I not continue chatting
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It seems you've got quite a bit to handle. If you have any other questions or need further guidance, feel free to ask. If you're considering connecting with local lawyers and need assistance, let me know.
I am going to share with you * draft of a note that my doctor will review
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It sounds like you're handling a complex custody situation. While I can't review documents, here are some points to consider when discussing with your doctor:
- Emphasize the child's routine and well-being.
- Highlight any medical or psychological recommendations.
- Ensure the note supports your position for the upcoming conference.
If you have any specific questions about the note or need further assistance, feel free to ask!
The following is what chat got helped me prepare
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It seems like you're navigating a complex custody situation. Your focus on maintaining your child's routine and well-being is crucial. Since you're preparing for a conference and handling various legal aspects, it's commendable that you’re getting a doctor’s note. If you have any more questions or need further guidance, feel free to ask!