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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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  #11 (permalink)  
Old 07-09-2015, 04:19 PM
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Fair enough stripes. It is just so frustrating, this wasn't a court ordered term, it was negotiated and agreed to by both parties and presented to the court. Now if I didn't take child/ren to an activity during my time (not that I would unless a good reason like we had alternative plans, vacation etc) that is not impacting her access but she'd likely be back to court over that.
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Old 07-09-2015, 04:54 PM
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I totally get the frustration. The little things (relatively speaking) can be just as infuriating as the really big ones.
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Old 07-09-2015, 05:15 PM
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My partner hasnt had a meaningful conversation with one kid since November and hasnt seen her since August. Why? Because his ex refuses to adhere to their order regarding access. THAT is actually enforceable if kid wasnt 14. I totally get your frustration and its absolutely bullsh*t that shes doing it. But like stripes said, not the hill to die on. Youll not only lose in court but your ex will use it further.

Work with your kid. Push every boundary you can. Keep talking to them. Sure they have to do what mom says but they will also start wanting that time with you and push for it themselves. Couple more years and they get to have more of a say.
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Old 07-13-2015, 09:17 AM
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I would not say that this is sexist. The reality that other than child support and section 7 expenses, which are "Enforced" through FRO or other provincial enforcement agencies, much of the rest of the court order isn't always "enforced". Meaning that your only remedy is to go back to court, but a judge will likely not punish somebody for poor behavior. Sure, it establishes a pattern, but if your ex is ignoring a court order, why would she magically follow a new one? Don't be disillusioned that it will be better by going back to court.

My ex refuses to follow the order entirely, it's a double standard, but after 10 years of it, it's about the only constant.
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Old 07-13-2015, 10:18 PM
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I didn't say it isn't enforceable, I just said it is early in the game. You can file contempt charges for this if the wording is clearign but you need to:
-Prove the order is clear annd she understands it
-Prove she DIDN'T follow it
-Prove she is not following the order for no good reason

I think you should pursue it but get at least 10 incidents over 6 months,
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