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Old 05-04-2017, 09:15 AM
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Tayken Tayken is offline
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Quote:
Originally Posted by trinton View Post
I know supervised access is meant to be a temporary thing and if mom can show she's changed her ways and has had some counselling and parenting courses with supervised access notes in her favour I don't see how she would not get expanded access.
A reasonable person would be able to achieve what you are suggesting but, the real question the court has to address is: Is this litigant mother taken the necessary clinical steps to become reasonable. The compounding factors of "abuse" and "planned abduction" need to be considered together in this matter. Has the mother gotten the necessary counselling to meet the objectives that I outlined above?

Time does not heal all wounds. Had the mother in this matter followed what was ordered to purge her contempt the matter would have been either settled at a conference year ago.

Quote:
Originally Posted by trinton View Post
Only thin that comes to mind is possibilty that she may be abduct the kids but I believe she cannot travel without passport which would likely be in your position anyway.
Those are incorrect assumptions. The country of Canada does not have an exit strategy. It is up to the receiving country to verify if a parent is allowed to travel with a child. There is no interrupting party from Canada. The case-on-point that was presented with regard to this issue was the matter of Stephen Watkins who's children were abducted by their mother and taken over the US border and flown to Germany and then Poland.

The order is so tightly written for supervised access is written with those considerations and a pile of others. It is not like the court found it to be an "assumption". On the weight of the evidence they made a finding that the mother was indeed planning an abduction. It was not a mere allegation made by the father. It had significant evidence behind it and not just an "anxiety" or "assumption".

Quote:
Originally Posted by trinton View Post
I'm not sure if you can get no access order unless she's missing lots of visits and child is not enjoying visits or she's discussing adult issues at visits.
Again, this falls on the shoulders of the mother to present this evidence. But, if you review the contempt order there are a number of things the mother has to demonstrate to the satisfaction of the court. Good access is only one. Medical treatment is the other. A lot stems from the mother's "blind obsession with The Father and her search to prove that he is abusive to their child" and has nothing to really do with the access visits. Behaving for 2 hours does not weigh as heavy as a confirmed abduction attempt and a "blind obsession" and abusive conduct.

Good Luck!
Tayken
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