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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 08-15-2017, 01:42 PM
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Default Orders only seem to be held up on custody and support, no access for over 3 months

We signed minutes to settlement on April 2,2014 for custody, access and support. I was under a great deal of stress at the time, even had taken 3 months of stress leave from work previously due to self-representing myself and other issues. I looked back on the court file and the minutes of settlement has the wrong date that it was actually signed and have proof that I was at work that day. Second, she never provided key information relating to previous apprehension and loss of custody relating to her previous 2 children and also failed to provide an alias name on her form 35.1 in 2014 and now disclosed it recently in a new 35.1 trying to have my visits supervised. Third, because of this new information I requested from FRO, under what name was my support being sent to. They sent me a copy of the "final order" and the "support deduction order" which neither contain a judge's or court clerk's signature or even a court seal. The final order contains a stamp of name of the court clerk in printed format. Fourth, the minutes of settlement was never witnessed by anyone other than her attorney which never signed the agreement as a witness. How can these "Orders" even continue to be enforced by FRO or our federal government only for custody and support purposes while I continue to be ignored for the purposes of access. Tells me that if the access isn't being enforced by police as it does state, that the orders must be invalid. Any information and help on these issues would be a great help. Thank you in advance and God bless!
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Old 08-15-2017, 01:59 PM
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You have an access order for police enforcement? Have you contacted the police about enforcement?
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Old 08-15-2017, 02:36 PM
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Police will only enforce access if the there is a provision in the order that they are to enforce it.

If your parenting time is regularly denied, I'd:

1. send the ex an email asking for make-up time, give them 3 dates to make it up; and should that fail,

2. file for contempt, requesting make-up time and an enforcement clause; and should that fail to maintain your parenting time,

3. file a motion requesting a change in custody.

You will need to show a pattern in the denial of your parenting time. You should journal it and all emails you send requesting make-up time. Ensure all emails are prepared as if you are emailing your boss or your bosses boss, meaning cordial/civil/to the point, no emotional BS.

But if you are sitting there waiting for the courts or police to help you, you will be waiting a long time. The courts can't do anything unless you ask. And the police won't do anything unless the courts instruct them to.
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Old 08-15-2017, 11:58 PM
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Yes I have called upon police on a number of occasions and police enforcement is in the order. My ex has always been a very persuasive habitual liar. She managed to pull the wool over my eyes for nearly a decade. Even I'm terrified to find out the entire truth behind her past.
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Old 08-20-2017, 04:55 PM
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Quote:
Originally Posted by McFraudulenceInSarnia View Post
Orders only seem to be held up on custody and support, no access for over 3 months
We're up to trial this Fall after three years of an acrimonious separation. During those 3 years, I've been requesting more access while my ex was requesting more money.

After several motions, she got more money and I am still with an access of between 4-5% per month. A real joke. On top of that, I have D15 who is completely alienated from me.

Hope this answered your concern. The Court don't give a damn about Dad in Orders. They somewhat encourage Dads to fight it in Court... which is against the first objective.
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Old 08-20-2017, 06:45 PM
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Quote:
Originally Posted by mafia007 View Post
We're up to trial this Fall after three years of an acrimonious separation. During those 3 years, I've been requesting more access while my ex was requesting more money.

After several motions, she got more money and I am still with an access of between 4-5% per month. A real joke. On top of that, I have D15 who is completely alienated from me.

Hope this answered your concern. The Court don't give a damn about Dad in Orders. They somewhat encourage Dads to fight it in Court... which is against the first objective.
so, just to clarify your position - you believe no child support should be paid, if you have no increase in access?
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Old 08-20-2017, 06:52 PM
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No you got it wrong. My position is:

1- Don't worry for your money, it will come later for sure as arrears.

2- Do worry for your access-custody, you can fight but there is no guaranty and no arrears.

In most of the cases this stand for Moms in #1 and Dads in #2.
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