[smadax]

Originally Posted by logicalvelocity

What should be scrutinized and focused on is how did the parent with the current primary residence manage the ongoing responsibilities of the child. Do they include the other parent into the life of the child? Do they facilitate the child to have reasonable access to the other parent? Do they keep the other parent informed of the results of all medical appointments and education?

They have not facilitated her in anyway, in fact she's attempted a visitation with the child and the stepmother was very unkind and controlling. A long list of rules was left at my sisters Hotel before she arrived, she was forbidden to even step foot on their property when she came to pick up and drop of the child, she was ordered to give them an iterinary or be refused access for a day and dictated what she could and could not purchase as a gift for the child while she was visiting him!

Courts generally don’t like to interrupt the status quo if everything is working out fairly well for the child. The problem with your sister bringing forth an interim motion for interim access; The other party may bring forth an order for interim custody at same hearing and an additional order for child support for said child.

The Father already has the child on an interim bases, therefore I doubt they'd bring it into question again unless they wanted to attempt to gain sole custody which would not surprise me. My sister does not make alot of money she's on Disability and their Lawyer has advised them to not pursue Child Support, although personally I would.

If it were me, I would be asking for custody from the start. In competing claims in climates of contradictory evidence, the court may just maintain the status quo and leave the issue for custody pending trial where they could observe the demeanor of the parties, and may ask questions. I would also cover the bases and ask for liberal access in the interim.

The Judge questioned why my sister took a year to file for custody of the child and decidedly left the child with his Father since that was now the status quo. There were factors involved in her delay, but irrelevant at this point.

The Father still persists on causing road blocks to her access, but from what I've seen from CanLaw the Judge will not change the set status quo until after a scheduled access and visitation order has been attempted unsuccessfully, therefore the parent would be in clear breech of the order. I presume we should expect the same process to occur??

Do you feel she should purchase minutes for the cellphone although the Father has a landline that they've used successfully in the past and she did not consent to paying even more money to gain telephone access to the child??