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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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Old 06-14-2012, 01:44 PM
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Default Child support payor with no knowledge of child

I've been mulling over this for a while, and haven't been able to find any relevant cases on Canlii for reference, so I was wondering what forum members thought of a situation like this:

Assume that Party A & B are divorced, with a young (under 7 years old) child in the picture. B secures a court order that A pays $X in child support per month for the child. A duly complies.

A continues making the child support payments without fail. Meanwhile, apart from informing A that B and the child have moved to such and such address and the child is attending school at such and such school, B ignores A's ever request for any information about the child, eg. school, health, activities. Let's assume that A does not have access for specific reasons and that's the way it's going to be.

B is happy to collect the regular child support payments, but has pointedly decided to terminate all communications with A regarding the child and not provide any information at all.

Short of A hiring a private investigator to try to obtain some basic information about the child and the child's life, how would A be able to know anything about the child's life at all? If this situation persists and the years go by, how would, for example (not to be morbid here, but ...) A know that the child is even still alive and well? What if, for example, the child met with an unfortunate fatal accident, or, perhaps runs away from home or goes missing, and B does not inform A of this, while continuing to collect child support as per usual?

Perhaps this is an extreme situation, but I'd be interested to know other's thoughts on something like this, what whether anyone here is in or knows of anyone dealing with such a situation or the possibility of such a situation.
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Old 06-14-2012, 02:51 PM
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A can obtain an order that B be required to file documents such as report cards/etc with the court each year and the court will send them along to A. Though realistically I have never heard of such an extreme case before. Short of A having all parental rights terminated for trying to kill the child or B perhaps.
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Old 06-14-2012, 03:08 PM
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Quote:
Originally Posted by NBDad View Post
A can obtain an order that B be required to file documents such as report cards/etc with the court each year and the court will send them along to A. Though realistically I have never heard of such an extreme case before. Short of A having all parental rights terminated for trying to kill the child or B perhaps.
Perhaps it is not so extreme if you think about it: how do you "force"/compel another person to provide information if they simply do not wish to or do everything in their power not to?

In this case, for instance, if A does obtain an order like you mentioned, and B simply does not comply and perhaps even secretly moves away without A finding out (and by the time A finds out it is too late), what are the ramifications for B and options available to A?
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Old 06-14-2012, 03:17 PM
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Contempt of court. Emergency motions. Mandatory counselling at B's expense. Temporary termination of CS pending compliance with the court.
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Old 06-14-2012, 03:31 PM
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Contempt of court. Emergency motions. Mandatory counselling at B's expense. Temporary termination of CS pending compliance with the court.
So let’s say 2 years passes by since the court order was issued. A has paid the required support each month. In the 2 years, not a peep from B except confirmation that B has received child support payments through online electronic means. A requests education and health information from B. Two months later, still complete radio silence from B.

At what point does A file a motion, and on what grounds? How do you say to a court “my ex spouse has refused to communicate anything to me with regards to our child for X years, do something (do what?)”? Is that even sufficient grounds for some kind of emergency motion, or does A have to wait another 2-3 years while the paperwork winds itself through court only to have the conclusion that B is still not communicating, cannot be located, and nothing about the child is known ... so then what?
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Old 06-14-2012, 03:41 PM
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I think you could file a motion for disclosure of information related to the child. That would include information from health records, school grades etc. But I am guessing that this parent has no idea where they live, and that information will not be included.

If A had joint custody, they A can request information from the child's family doctor etc under Freedon of information. Actually, they could just file a FOI request with OHIP, and with the loal school board.

Think outside the box....
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Old 06-14-2012, 03:43 PM
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Quote:
Originally Posted by billiechic View Post
I think you could file a motion for disclosure of information related to the child. That would include information from health records, school grades etc. But I am guessing that this parent has no idea where they live, and that information will not be included.

If A had joint custody, they A can request information from the child's family doctor etc under Freedon of information. Actually, they could just file a FOI request with OHIP, and with the loal school board.

Think outside the box....
In this situation, B has sole custody. B has, for example, refused to provide the name of the child's family doctor, and other related information.
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Old 06-14-2012, 03:56 PM
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I believe you can file a form 20 then (Request for Information)
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Old 06-14-2012, 04:01 PM
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Quote:
Originally Posted by billiechic View Post
I believe you can file a form 20 then (Request for Information)
A Form 20 can certainly be filed. But if no response is received it still leads to the same issue/problem as outlined above:

Quote:
Originally Posted by Exquizique View Post
In the 2 years, not a peep from B except confirmation that B has received child support payments through online electronic means. A requests education and health information from B. Two months later, still complete radio silence from B.

At what point does A file a motion, and on what grounds? How do you say to a court “my ex spouse has refused to communicate anything to me with regards to our child for X years, do something (do what?)”? Is that even sufficient grounds for some kind of emergency motion, or does A have to wait another 2-3 years while the paperwork winds itself through court only to have the conclusion that B is still not communicating, cannot be located, and nothing about the child is known ... so then what?
Not trying to be argumentative here, just trying to work it out, and really appreciate different perspectives and angles of looking at the situation.
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Old 06-14-2012, 04:17 PM
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You have to go through all the steps. You have to keep trying for access and info. There is no short cut. It will take time for the court to decide what is really going on.

There is a a reason she is not responding to you. Only you know that reason and if you can't reveal it, you aren't going to get any different advice.
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