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Old 06-20-2017, 12:36 PM
rockscan rockscan is offline
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Join Date: Mar 2014
Posts: 3,011
rockscan will become famous soon enough

My partners ex changed their agreement and claimed it was because the kids were old enough to make their own decisions and didnt have time for him. What she failed to realize what that her obligation was to make the access happen.

There are a number of threads on here regarding changes to access and denial of access. You may want to start doing some searching on the forum and on canlii. This is a case of unilateral change in access schedule and denial of access.

Im not a lawyer but I believe freckles is right that you need to bring a motion to change the access schedule based on the change you both agreed to and the refusal to allow access now. Your kids are still young enough that she cant claim its their choice. She is not allowed to deny you time and is obligated to make face to face time happen.

May be worth talking to a lawyer about the paperwork but start with the research.

This will become an almost full time job if you self rep. Its worth the money though for a lawyer. Make sure you document everything. Keep sending emails requesting make up time. Keep enforcing your time. Keep everything even if she doesnt respond. You may also want to add "if I dont hear from you within 24 hours I will take that as your consent and pick the children up at x time".

She may think youre too afraid to battle and will continue to do this.
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