View Single Post
  #8 (permalink)  
Old 01-27-2009, 01:36 PM
About_Time About_Time is offline
Senior Member
Join Date: Apr 2007
Posts: 311
About_Time is on a distinguished road

I don't think the court, in that instance, is showing any bias with regards to access. You were granted access by the courts and it is your EX who is denying it to you, in contravention of that order. The courts aren't denying you access, your ex is. Place the blame where it should be.

As to the lack of enforcement, the police have a tendancy to avoid these situations whenever possible. It's a domestic mess with enough grey area to make them wary of coming in and intervening. From a practical persepctive, they don't want to barge into the custodial parent's home and forcibly remove the children so you can have them for the weekend - and quite frankly I doubt the order gives them the power to do this anyhow. It's like putting out a kitchen fire by blowing up the house.

Your only recourse is through the courts which, as I understand it, gets really peeved when people blatantly ignore its orders. Will this cost you money? Absolutely. Will you get all of your costs back? Probably not, though you probably would get some. Would your ex fight it with all sorts of crazy accusations? Quite probably. Document everything, keep cool and drag the ex into court.

Look, it sucks, but what is the option? Court is a nightmare but in the end your ex would be forced to adhere to the access order. If this is a chronic problem, the courts will take stronger and stronger steps to make sure you get your access.

What else can they do? I'm not sure what the expectation is here. What's the solution?