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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 08-05-2015, 08:48 PM
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Default Supervised Access

What type of criteria or situation will a judge agree that a parents needs to have supervised access to their children>?
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Old 08-05-2015, 08:58 PM
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from your only other post on here from 2008 you stated your stbx had kicked you and the two kids out of the house and was having some mental issues.

Did he get some help for the mental issues? If he did then unless he is a danger to the kids in some way I am not sure you would be able to get supervised access.

What are your concerns that you want supervised for him?
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Old 08-05-2015, 09:07 PM
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Yes he is a drug addict and we reunited with issues on and off. We split in the fall of this year. He ended up doing various things from calling the cops, having CAS called. Whenever he takes drugs, he seems to end up in a psychosis. This past spring, he ended up on a Form One then went to whatever the second one was and in the hospital for about two weeks deemed a danger to himself and others. As of right now, we have a separation agreement filed with the courts that I got from here that he signed, granting him reasonable access at reasonable times. I have sole custody. He has never seen the children alone beyond two times since our split. The second time he demanded I return home as he was done. This was prior to the form one. I am not denying him access, I want to know what would happen if he demanded alone time or weekends as I am not ok with that.
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Old 08-06-2015, 08:06 AM
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brother in law had supervised access to his children for about six months. He was being treated for clinical depression. His parents or uncle had to be with him during all access with his kids.

Once his doctor pronounced him fit, he still had to get clearance from CAS for unsupervised access.
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Old 08-06-2015, 12:27 PM
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There are 3 conditions which will cause your ex to have supervised access.
1- CAS having an open file and insisting he have supervised access.
2. A criminal court order for no access or supervised access
3. A family court order for supervised access

Without any of the above he will automatically have unsupervised 50/50.
If you feel your children are in imminent danger you can file an emergency motion with the court . You do not need a lawyer to do so ( I have been successful as a self rep both times I had to make an emergency motion ). If successful the judge will order no access and will require your ex to be served immediately and the both of you to attend court the following week. Then your ex has the chance to respond and a judge will make further orders such as supervised access.
If your children are not in immediate danger you will need to take your ex to court and serve him with papers.
The onus is on you to present evidence as to why your ex should have supervised access.
You should be forewarned that the current mantra of the legal system is "unsupervised access at any cost". The legal system is short sighted in viewing supervised access in terms of short term and temporary as opposed to a viable long term option in cases of verified neglect, abuse and risk of harm to the children.
In other words, even if your ex poses a verifiable and consistent risk of harm to your children due to drug abuse, mental health or criminal issues, the courts are still hesitant to impose permanent supervised access and even more hesitant to impose permanent no access. Please also note that this hesitancy only occurs when two spouses are contesting custody and access but NOT when the children are removed by CAS from both parents. Sick and twisted but true .
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