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Old 02-06-2017, 08:25 PM
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Ex just stopped bringing the children at access, last access was 2 weeks ago, we have a final order where she has custody and I have access every other weekend, from Friday 6pm to Sunday 6pm. I had constant and continue access since 4.5 years now. She just stopped access on her own, no notice, no warning, nothing. So I am about now to bring a motion, should be an emergency motion or just a regular with forms 14B and 14A? How should I serve her, I don't have her new address? We've exchange the kids at a public place in the past but she has moved to a new address. Is she in contempt of the order? If so how should I ask the judge for that? Thank you.
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Old 02-06-2017, 08:52 PM
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how far has she moved?

what did ordrr say about relocating?

emergency motion on notice is what I would do to restore access if it is caught off for no good reason

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Old 02-06-2017, 08:59 PM
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how far has she moved?

what did ordrr say about relocating?

emergency motion on notice is what I would do to restore access if it is caught off for no good reason

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she moved one block away, same area where she lived before, I don't know her address.

the order doesn't mention anything about relocation.

You're saying an emergency motion on notice, to serve it at what address?
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Old 02-06-2017, 09:04 PM
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Quote:
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she moved one block away, same area where she lived before, I don't know her address.

the order doesn't mention anything about relocation.

You're saying an emergency motion on notice, to serve it at what address?
do you have her new address? shouldn't be hard to find if it is a block away


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Old 02-06-2017, 09:11 PM
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like I said, I do not have her address, and it's hard to find, it's a complex of high rise condos, should I serve to her last known address instead?
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Old 02-06-2017, 09:13 PM
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like I said, I do not have her address, and it's hard to find, it's a complex of high rise condos, should I serve to her last known address instead?
you need judge permission for alternative service

you could try email if the clerks accept your affidavit of service

worst to worst you do it without notice since you don't have her address and ask for police assistance clause. see what judge says

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Last edited by trinton; 02-06-2017 at 09:16 PM.
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Old 02-06-2017, 09:17 PM
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you need judge permission for alternative service

you could try email

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okay so now I need another motion for judge permission for alternate service? what would be an alternate service?

I don't have her email.

That's what I was thinking, for police to enforce the access order, and the motion without notice.

Last edited by paco; 02-06-2017 at 09:19 PM.
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Old 02-06-2017, 09:19 PM
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okay so now I need another motion for judge permission for alternate service? what would be an alternate service?

I don't have her email.
alternative service would be mailing to her last kown address. on the emergency motion without notice you ask for it

doesn't your kids school have her new address on file?

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Old 02-06-2017, 09:20 PM
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who will determine that she's indeed in contempt of the access order and when?

Is the school entitled to provide me with her address? I went to police asking for address to serve court docs, they told me that I need a court order for that.

Last edited by paco; 02-06-2017 at 09:23 PM.
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Old 02-06-2017, 09:22 PM
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who will determine that she's indeed in contempt of the access order and when?
i would start by police assistance clause and see how that goes

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