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Old 09-22-2016, 01:53 PM
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Tayken Tayken is offline
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Quote:
Originally Posted by Flora13 View Post
The plan of attack is to send mother a letter basically warning her to be reasonable and smarten up, give her a short time frame to do so than proceed to serving her.
I wouldn't plan any attacks unless you want to be attacked back. The vicious cycle of family law requires two parties to take part. I would recommend you take a more structured and calm approach. The fact that a lawyer is getting involved will show the strong intentions you have.

Quote:
Originally Posted by Flora13 View Post
Its a pretty simple case. We just want access.
Actually, this is not true. You are not a parent nor are you a grandparent. Your claim for access is astronomically hard. If a lawyer doesn't tell you this you should consult with a few. Most really good family law lawyers wouldn't take this matter on in my humble opinion.

Quote:
Originally Posted by Flora13 View Post
Lawyers work on your direction and im not going to entertain getting into some back and forth pissing match.
If I were advising the parent in this matter it would be to disregard your communications until such time you file a motion. You don't have a material claim to access really.

Your case is weak. If you go on the attack you will just be supplying evidence to the other party. Your access should be provided through the living parent whom you are related to. If that parent has no access then you really need that parent to step up to the plate.

The only time you have a reasonable claim is if the parent you are related to is dead.

Quote:
Originally Posted by Flora13 View Post
Besides, I doubt she can afford it and lacks the wherewithal to do it on her own. Simply put, shutting family out of the kids lives because she is bitter is just unacceptable.
Do you understand the court process. You will not see a motion where a judge could actually order your access for months - possibly years. The cost for a motion is not cheap. The book of authorities for your matter will cost you easily 10,000 unless the lawyer has already participated in a case similar to the one you are presenting. Not many have. Maybe 3-4 in the GTA and they charge 650-800 an hour. So, you will be the one who burns out the money.

Quote:
Originally Posted by Flora13 View Post
Now as per the brother, the refusals have been like this, he contacts her about the children, makes arrangements to see them over holidays, drives 2+ days to only find out she has secreted the kids away. He has emails, texts, voice mail and many other family members and friends that he stays with when he has come to town. The most recent refusal was in the summer. He requested a couple weeks for them to come visit him. The refusal is in writing. Also she has blocked him and us from Facebook and I also think telephone number on the oldest iPhone. The younest does not have a phone I know of.
The father in this matter has to first bring an application. You could join possibly as a party to that case. But, you are probably a better witness than a party. All of the above is for the father in this matter to resolve through the proper legal means. Not you.

Quote:
Originally Posted by Flora13 View Post
He spoke to the oldest briefly. Mom had the child call dad, as he only wants to discuss things with her in email, then snatched the phone away to bitch at him over some child support adjustment.
The father needs to step up and file an application to resume access. But, if the children are over 14 good luck!

Quote:
Originally Posted by Flora13 View Post
He wants a relationship with them. Has never missed support payments. He consented on the children moving out of province when they split as he wanted everyone to be happy.
What you are telling everyone here is that the father is an idiot and failed to seek proper legal advice. I can't fathom any lawyer worth their weight not explaining the nightmare mobility matters create. He created this nightmare all by himself.

Quote:
Originally Posted by Flora13 View Post
Signed agreement so he could have a continued relationship with the kids.
I call BS. If he wanted to continue the relationship he would have refused the move and made sure their habitual residential jurisdiction remained the same as it was status quo. In the alternative he would have moved to the same area to insure access was consistent and painless for both himself and more importantly THE CHILDREN.

Quote:
Originally Posted by Flora13 View Post
She fails to honor it. Its not as simple as just going to the local court house due to distance. But that will be changing very shortly as everyone has had enough.
It is actually quite simple as that. He should move to the jurisdiction and be a parent. He made a huge mistake consenting to the move. You won't get any sympathy from most people on this forum for such a mistake.

Quote:
Originally Posted by Flora13 View Post
And yes she was stupid enough to openly put all of her alienation tactics and plans in writing, on voice mail etc. Kids don't need their dad anymore apparently. She has found a boyfriend, and that's their new daddy.
Don't focus on the other party. Focus on what your party has done wrong and how to fix the situation. The father in this matter needs to move and now. Access won't be easy to get with distance. It will be scattered and subject to a lot of nonsense. If you live in the same area... You remove the excuses.

Quote:
Originally Posted by Flora13 View Post
You should hear the things she says. The things the kids told me. Ugg. Sickening. And yes to me, in my opinion, most definitely emotional abuse.
Are the children over 14. If so... Good luck! I wouldn't recommend anyone bother with children over 14 that have made a residential choice between parents. It is just heart breaking and by the time it gets resolved the kid will only be older and have more decision making power. 14 is only 4 years away from 18... A matter like this is easily 2-3 years in the making to get a trial completed.

Quote:
Originally Posted by Flora13 View Post
So fingers crossed for these lovely children to get their lives back.
They have their lives. What they have is a father whom doesn't live in the area. Want things to change fast? Have dad move closer to them and file an Applicaiton on a material change in circumstance.

Quote:
Originally Posted by Flora13 View Post
And Janus, if you at least have peace in your own heart and love for your children than that's all that matters.
Janus is well versed in many issues regarding family law. I would recommend you consider his advice.
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