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Old 10-12-2012, 10:17 AM
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Default Access Center court order dispute

Over a month ago we had our court date, the Judge didnt make the wording in her endorsement right regarding access exchange times. the discrepancy resulted in both me and the opposing counsel agreeing that a consent order is needed instead.

eventually her staff drafted an order which they sent to me yesterday, it had only the corrected time but not all the other clauses that APCO states on their website that they need. Court Order Requirements

I then considered it an oversight and drafted my own version and sent it to the opposing counsel which she replied to that she wont agree because the clause are "not needed". here is the order i am proposing. am i being unreasonable?

1. The Respondent shall have access to the child of the marriage, namely, xxxx, as follows:

a. each Wednesday between 4:00 p.m. and 6:00 p.m. to Thursday between 7:00 a.m. and 10:00 a.m.,(transfers shall take place at the child’s daycare centre); the Applicant is not to attend at or be within 500 metres of the daycare centre at these times;

b. each Friday between 4:00 p.m. and 6:00 p.m. (pick-up shall take place at the child’s daycare); to Saturday at 4:00 p.m., (drop-off shall take place at the Supervised Access Centre)

2. Each party to cover their own costs for APCO
3. Each party to transport the child to APCO during their pickup and drop off.
4. Ms. xxxx, (Mother of the child) shall pickup xxxx from the access center.
5. Mr.xxx (Father of the child) may pick up/drop off the child at the Access Center.
6. Each party may request reports as needed.

Her version is only point one of the list above and nothing else. she refuses to add point 2-6, seeing what APCO's website states am i being unreasonable? does any one have experience of being rejected by APCO if the order dosnt include clauses above?

Also in Judge's endorsement she wrote that the applicant not be within 500 meters of the locations, while the ex's counsel in her version reduced it to 300 meters, should i stick with what the judge wrote?

grrrr i hate being in court

Last edited by sahibjee; 10-12-2012 at 11:13 AM.
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Old 10-12-2012, 11:05 AM
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I think you forgot to "x" out your child's name in above ^

(Your point #4 ^)
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Old 10-12-2012, 11:14 AM
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Quote:
Originally Posted by hadenough View Post
I think you forgot to "x" out your child's name in above ^

(Your point #4 ^)
Thankyou so much, fixed
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Old 10-12-2012, 05:14 PM
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so i guess i will reply them on monday if i get some kind advice over the weekend
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Old 10-12-2012, 05:19 PM
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Quote:
Originally Posted by sahibjee View Post
Over a month ago we had our court date, the Judge didnt make the wording in her endorsement right regarding access exchange times. the discrepancy resulted in both me and the opposing counsel agreeing that a consent order is needed instead.

eventually her staff drafted an order which they sent to me yesterday, it had only the corrected time but not all the other clauses that APCO states on their website that they need. Court Order Requirements

I then considered it an oversight and drafted my own version and sent it to the opposing counsel which she replied to that she wont agree because the clause are "not needed". here is the order i am proposing. am i being unreasonable?

1. The Respondent shall have access to the child of the marriage, namely, xxxx, as follows:

a. each Wednesday between 4:00 p.m. and 6:00 p.m. to Thursday between 7:00 a.m. and 10:00 a.m.,(transfers shall take place at the child’s daycare centre); the Applicant is not to attend at or be within 500 metres of the daycare centre at these times;

b. each Friday between 4:00 p.m. and 6:00 p.m. (pick-up shall take place at the child’s daycare); to Saturday at 4:00 p.m., (drop-off shall take place at the Supervised Access Centre)

2. Each party to cover their own costs for APCO
3. Each party to transport the child to APCO during their pickup and drop off.
4. Ms. xxxx, (Mother of the child) shall pickup xxxx from the access center.
5. Mr.xxx (Father of the child) may pick up/drop off the child at the Access Center.
6. Each party may request reports as needed.

Her version is only point one of the list above and nothing else. she refuses to add point 2-6, seeing what APCO's website states am i being unreasonable? does any one have experience of being rejected by APCO if the order dosnt include clauses above?

Also in Judge's endorsement she wrote that the applicant not be within 500 meters of the locations, while the ex's counsel in her version reduced it to 300 meters, should i stick with what the judge wrote?

grrrr i hate being in court
Does an extra 200 metres really make that much of a differance?? As to the rest, I cant see why they should have an issue with it, I would ask them why they dont feel those points are necessary.
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Old 10-15-2012, 10:05 AM
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I discuss the distance issue because if she tries again and gets my bail canceled then the judge may hold me agreeing to lesser of the difference against me. also i feel concerned about it because they are clearly not agreeing to something that APCO has required yet they want to change the judge's order.

Thanks
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Old 10-15-2012, 11:35 AM
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Now I'm in Peterborough county but, the court ordered supervised access centre here operated by Kinark family services performs 2-6 for you here.

2. Each party to cover their own costs for APCO
(always like this unless court order says otherwise as ours does)
3. Each party to transport the child to APCO during their pickup and drop off.
(Our access centre has them arrive 15 minutes early and wait in a separate room)
4. Ms. xxxx, (Mother of the child) shall pickup xxxx from the access centre.
(Only approved people can drop off or pick up me and Gramie)
5. Mr.xxx (Father of the child) may pick up/drop off the child at the Access Center.
(in our case they cant leave with child)
6. Each party may request reports as needed.
(reports are about the supervised visit only and cost 35$ a page)

Perhaps the items are not that important to demand them in the consent if the service takes care of that for you?
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Old 10-15-2012, 05:15 PM
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Quote:
Originally Posted by Grampie View Post

Perhaps the items are not that important to demand them in the consent if the service takes care of that for you?
yeah thats what i meant to ask here, just didnt want to have a court order that APCO rejects at the end of the day. I have consented to their version for now and advised them that APCO rejects the case then we go back to court and i get costs so they should reconsider. lets see what happens.
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Old 10-15-2012, 07:37 PM
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Quote:
Originally Posted by sahibjee View Post
yeah thats what i meant to ask here, just didnt want to have a court order that APCO rejects at the end of the day. I have consented to their version for now and advised them that APCO rejects the case then we go back to court and i get costs so they should reconsider. lets see what happens.
Best way to approach it. As a third party APCO doesn't have to abide by an order of the court for which they were not called as a party to the case. So, if they reject the order and request to both parties clarification and a new order so they can do their job as a private company... The costs should be born by the other party as you made every reasonable effort to insure that things were done correctly.
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Old 10-16-2012, 02:15 PM
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Just got a letter from the other party, they went with their version and filed it. if APCO rejects the case i'll be sure to post it here.
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