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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 02-06-2017, 10:32 PM
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Bring an EM without notice ASAP.

You dont want to seem like you're okay with it. The more time that passes the more it seems like you consent.

Exhibits:

Records of your attempts to communicate.
Wording of previous order.
Proof kids were happy and thriving in the current regime (not that you need this).

Its a clear breach of the order and its not in the best interests of the children to have this sudden, unexpected change without notice. That's s good way for a parent to lose custody.
Screw giving them notice. Go get your kids back.
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Old 02-06-2017, 10:35 PM
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Quote:
Originally Posted by trinton View Post
i would start by police assistance clause and see how that goes

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so, resuming, I file an emergency motion 14B without notice, an affidavit 14A explaining the situation and simply asking for police assistance to restore access and I will ask for alternate service for serving docs as I also plan to file a motion to change final order, that's 15, 15A and 35.1 which is a whole different ball.
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Old 02-06-2017, 10:39 PM
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Quote:
Originally Posted by paco View Post
so, resuming, I file an emergency motion 14B without notice, an affidavit 14A explaining the situation and simply asking for police assistance to restore access and I will ask for alternate service for serving docs as I also plan to file a motion to change final order, that's 15, 15A and 35.1 which is a whole different ball.
notice of motion asking for police assistance clause to enforce the final order. attach final order and a draft order.for judge to sign right there and then.

affidavit explaining situation

my name is ........
final order in place .with access terms..... as attached
applicant has unilaterally moved and has not communicated with you about her where abouts. You've contacted her and have been ignored
you believe she lives close by and will need assistance of police to locate her and enforce the order
you're not asking for costs but simply to enforce your access



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Old 02-06-2017, 10:40 PM
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Quote:
Originally Posted by LovingFather32 View Post
Bring an EM without notice ASAP.

You dont want to seem like you're okay with it. The more time that passes the more it seems like you consent.

Exhibits:

Records of your attempts to communicate.
Wording of previous order.
Proof kids were happy and thriving in the current regime (not that you need this).

Its a clear breach of the order and its not in the best interests of the children to have this sudden, unexpected change without notice. That's s good way for a parent to lose custody.
Screw giving them notice. Go get your kids back.
tomorrow morning I'm with my EM before the court. Who will determine if she's in contempt of order?
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Old 02-06-2017, 10:41 PM
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Originally Posted by paco View Post
tomorrow morning I'm with my EM before the court. Who will determine if she's in contempt of order?
don't worry about that. focus on restoring the access.


get duty counsel to look everything over if possible

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Old 02-06-2017, 10:44 PM
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Instead of pursuing a police enforcement clause - is there anyway you can simply put forward a proposal whereby you pick up the children directly from school? If you are looking to vary the final order anyway - consider shifting time of access to 3pm or whenever school ends instead of 6pm. In this scenario you take the ex out of the equation altogether.

The court will always look favourably on a parent who has a solution that is in the best interest of the children.
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Old 02-06-2017, 10:47 PM
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You guys are a wealth of information.

Tons of good advice here

I have to agree, restore access asap for your kids sake



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  #18 (permalink)  
Old 02-06-2017, 10:51 PM
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Quote:
Originally Posted by paco View Post
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.
go to school. introduce yourself and ask for a copy of the osr or osd or w.e. it is called. if they dont give you that then ask for recent attendance record

anything with her address on it. don't say you want the address. i wouldn't. none of their business really . they have to give you the information if you have access. take copy of court order and print out their regulations regarding information to access parents

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Old 02-06-2017, 11:13 PM
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Quote:
Originally Posted by trinton View Post
go to school. introduce yourself and ask for a copy of the osr or osd or w.e. it is called. if they dont give you that then ask for recent attendance record

anything with her address on it. don't say you want the address. i wouldn't. none of their business really . they have to give you the information if you have access. take copy of court order and print out their regulations regarding information to access parents

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that would do the trick, thanks trinton.
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  #20 (permalink)  
Old 02-06-2017, 11:18 PM
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Quote:
Originally Posted by Nadia View Post
Instead of pursuing a police enforcement clause - is there anyway you can simply put forward a proposal whereby you pick up the children directly from school? If you are looking to vary the final order anyway - consider shifting time of access to 3pm or whenever school ends instead of 6pm. In this scenario you take the ex out of the equation altogether.

The court will always look favourably on a parent who has a solution that is in the best interest of the children.
I agree with you only if she's cooperative, but that's exactly the problem. I wouldn't involve police but I have no choice to restore access for now, then I will ask to pick up and drop off the kids at school when I vary the final order which will take some time.
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