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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 05-27-2009, 08:43 AM
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Default Supervised Access

Just wondering if anyone has any websites that might contain articles on the longterm affects of supervised access.

Thanks!
Mominont
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Old 05-27-2009, 12:18 PM
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Supervised access is not a long term final measure but rather an interim measure to protect the children and their access. Many times the court will err with caution and order same in the interim. At some point usually during a trial -- the court will either have to sever the children's relationship or promote and foster.
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Old 05-27-2009, 01:13 PM
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LV, you mention that the court will either have to sever or promote...how does that work? I mean..how do they make that decision?

I ask because given what has been found out about my husband, I am not willing to settle for anything less then supervised visitation, preferably in an access centre.

Mona
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Old 05-27-2009, 03:05 PM
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My daughters father tried to bring a motion for unsupervised access. The judge had concerns regarding his latest Psych eval and would not allow it to proceed with a motion, the judges words were "I am not going to take a chance with this child's life"

During the process I asked for an updated assessement from the OCL. We had one completed when the child was 2.5, child is now 5. OCL has agreed to provide an updated report.

The father and his lawyer have yet to provide us with all of his medical information, criminal record though they had 60 days to do so. Are they in contempt of that order now? What should happen next?

During my next OCL assessment should I discuss access being terminated unless he gets help or continue with supervised access. Our daughter enjoys the visits and looks forward to them..I just don't know whats the lesser evil - not having her father in the picture or supervised access.

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mominont
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Old 05-27-2009, 04:46 PM
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You should keep going with the supervised access as it is in the childrens' best interest to do so. Should their father not "play by the rules" while at the Supervised Access Program, the supervisor can decide to suspend these visits until his behaviour changes.
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Old 05-27-2009, 08:27 PM
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Quote:
Originally Posted by mona_c View Post
LV, you mention that the court will either have to sever or promote...how does that work? I mean..how do they make that decision?

I ask because given what has been found out about my husband, I am not willing to settle for anything less then supervised visitation, preferably in an access centre.

Mona
Mona,

Some good information with respect to what you were seeking:


V.S.J. v. L.J.G., 2004 CanLII 17126 (ON S.C.)

http://www.canlii.org/en/on/onsc/doc...anlii17126.pdf

-and-

Shore-Kalo v. Kalo, 2007 MBQB 197 (CanLII)

CanLII - 2007 MBQB 197 (CanLII)

lv
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Old 05-27-2009, 08:41 PM
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Quote:
Originally Posted by mominont View Post
My daughters father tried to bring a motion for unsupervised access. The judge had concerns regarding his latest Psych eval and would not allow it to proceed with a motion, the judges words were "I am not going to take a chance with this child's life"

During the process I asked for an updated assessement from the OCL. We had one completed when the child was 2.5, child is now 5. OCL has agreed to provide an updated report.

The father and his lawyer have yet to provide us with all of his medical information, criminal record though they had 60 days to do so. Are they in contempt of that order now? What should happen next?

During my next OCL assessment should I discuss access being terminated unless he gets help or continue with supervised access. Our daughter enjoys the visits and looks forward to them..I just don't know whats the lesser evil - not having her father in the picture or supervised access.

Thanks
mominont

Its a difficult decision. I would think that a complete loss would be more traumatizing than supervised access in a safe environment. If it was me, I would endorse and support the access as long as things are going well and their is no substantial harm to the child.

Non-Compliance of court orders won't be taken lightly. Seems that they are sabotaging their cause.


lv
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Old 05-27-2009, 09:37 PM
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Quote:
Originally Posted by logicalvelocity View Post
Mona,

Some good information with respect to what you were seeking:


V.S.J. v. L.J.G., 2004 CanLII 17126 (ON S.C.)

http://www.canlii.org/en/on/onsc/doc...anlii17126.pdf

-and-

Shore-Kalo v. Kalo, 2007 MBQB 197 (CanLII)

CanLII - 2007 MBQB 197 (CanLII)

lv
Thank you, LV. Very interesting. Neither fit closely with what I am facing, but it does help explain some things for me.

Mona
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Old 05-27-2009, 11:13 PM
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Thanks!

I was familiar with the first case... Its a "small world".

There have already been some issues, telling the child that they could come to their house for visits. Complaining about the centre and workers to the child. Telling the child not to have a relationship with the stepfather, the centre now stops those conversations, but I wonder what he would fill the childs head with if he was alone with her. Other issues are much smaller..bringing inappropriate movies to watch, etc.

I've been accomodating so far as that is what is in the childs best interest.. the centre is within close distance so transportation is not an issue for the access parent. I also cover everyones cost for the visit, so money would not become a factor.

However I do feel that he's had a couple of years to get his stuff together but is not making any progress...everything is still blamed on someone else..
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