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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 09-10-2015, 02:31 PM
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So today, my ex just informed me that because my 4 year old son had said to her he has scary dreams in my bedroom and not in his bedroom, she is going to take him to the SACE office here in Edmonton. (Sexual Assault Centre).

As per court order, I have him today after work. I know this is all BS as we have upcoming trial and she has absolutely nothing on me.

If she refuses to let me pick him up, I have a court order that stipulates the time etc (after work today). What avenues can I take to see him if she refuses to let me see him?

Btw, I have primary physical and joint legal custody of the child.
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Old 09-10-2015, 02:37 PM
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If the court order is inforced by the police. then I suggest you go to the police and take the court order with you. it helped me when ex refused to hand over the children. Good luck!
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Old 09-10-2015, 02:40 PM
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Unfortunately, it's not.
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Old 09-10-2015, 03:23 PM
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Quote:
Originally Posted by FirstTimer View Post
So today, my ex just informed me...

...As per court order, I have him today after work. I know this is all BS as we have upcoming trial and she has absolutely nothing on me...
Make sure you have good documentation of her doing this, and denying you access. Sounds like you will need it come trial. Is she stating "she has concerns", or is she downright accusing you of something, and saying you will not be getting child?
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Old 09-10-2015, 04:27 PM
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Quote:
Originally Posted by FirstTimer View Post
So today, my ex just informed me that because my 4 year old son had said to her he has scary dreams in my bedroom and not in his bedroom, she is going to take him to the SACE office here in Edmonton. (Sexual Assault Centre).

As per court order, I have him today after work. I know this is all BS as we have upcoming trial and she has absolutely nothing on me.

If she refuses to let me pick him up, I have a court order that stipulates the time etc (after work today). What avenues can I take to see him if she refuses to let me see him?

Btw, I have primary physical and joint legal custody of the child.
So is she the access parent?
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Old 09-10-2015, 05:27 PM
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As per court order, it states it's a 4 week rotation

Weeks 1,2,4 - she has him Wed night to Thur morning, Friday night to Sunday Noon
Weeks 3 - she has him Wed night, Sunday noon to Monday morning.

The rest of parenting time is with me.
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Old 09-11-2015, 02:35 PM
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Quote:
What avenues can I take to see him if she refuses to let me see him?
Breach of an Order is contempt.

You can also seek police enforcement, although that speaks volumes (negatively) about the parents involved.
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Old 09-11-2015, 03:21 PM
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Quote:
Originally Posted by OrleansLawyer View Post
Breach of an Order is contempt.

You can also seek police enforcement, although that speaks volumes (negatively) about the parents involved.
So it looks bad on me that my ex refused to give me the kids once and I had to call the police to get them?
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Old 09-11-2015, 03:22 PM
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Quote:
So it looks bad on me that my ex refused to give me the kids once and I had to call the police to get them?
Do what you need to do to see your kids.

Police involvement screams "people being unreasonable", at which time the children's emotional health has long since become a fiction of legal documents and irrelevant to at least one of the parents.
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Old 09-11-2015, 03:28 PM
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Would I still be able to do a Breach of Contempt for her not taking the kidlet to school on the days she has with child, she is supposed to. She doesn't take him on Wednesdays and keeps him at home, and picks him up Friday noon even though it states specifically drop off and pick beginning and after school.

That is my main concern. He is 4 1/2. The plan is to have him in the Pre-K program and if he does well he could jump straight to Grade 1 next year. As well, the school said he needs to attend full time.

Would this be enough for me to take her in for Breach of Order? Would I focus on her following the court order or focus that he needs to attend school full time.

I'm using this as my template

https://www.canlii.org/en/ab/abqb/do...&resultIndex=2

And thank you for any advice!

Last edited by FirstTimer; 09-11-2015 at 03:48 PM.
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