Ottawa Divorce .com Forums


User CP

New posts

Advertising

  Ottawa Divorce .com Forums > Main Category > Divorce & Family Law

Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

Closed Thread
 
LinkBack Thread Tools
  #1 (permalink)  
Old 04-26-2010, 08:33 AM
Junior Member
 
Join Date: Apr 2010
Posts: 10
monksamillion is on a distinguished road
Default Will the Court order a weekend change???

Hi All, my husband and I are married with an 8 month old daugther, and my husband has a 10 year old daughter from a previous relationship. In our final court order regarding access with his 10 year old, it states that we have two weeks of summer vacation access, and that time periods greater than two weeks can be negotiated between the parents. We requested an extra week of summer vacation, since I am on mat leave all summer and the 10 year old loves being around her baby sister. Our request was immediately "denied". We were then told about 2 months later that on father's day weekend, which is our regularly scheduled weekend, that his ex is taking the 10 year old because her sister is getting married. We wrote back and explained that this is our weekend, and it's father's day weekend and we already have plans. We then offered that she can allow us an extra week in the summer, and we would try and change our plans.... she wrote back with a letter threatening that her lawyer will put a motion into the court so that she can have the 10 year old on that weekend. We are constantly asking for more time and access with my step daughter, and are always told that we need to follow the final court order exactly as it is written. But this weekend is OUR regularly court ordered weekend, and now that the final court order does not work to her benefit, she is trying to threaten going back to court and sticking us with all of the legal costs.

Question: Will the court order that she can have the daughter on our weekend?
Thanks!
  #2 (permalink)  
Old 04-26-2010, 10:26 AM
Moderator
 
Join Date: Oct 2005
Location: Ontario
Posts: 3,944
logicalvelocity has a spectacular aura aboutlogicalvelocity has a spectacular aura aboutlogicalvelocity has a spectacular aura about
Send a message via Yahoo to logicalvelocity
Default

Quote:
Originally Posted by monksamillion View Post
Hi All, my husband and I are married with an 8 month old daugther, and my husband has a 10 year old daughter from a previous relationship. In our final court order regarding access with his 10 year old, it states that we have two weeks of summer vacation access, and that time periods greater than two weeks can be negotiated between the parents. We requested an extra week of summer vacation, since I am on mat leave all summer and the 10 year old loves being around her baby sister. Our request was immediately "denied". We were then told about 2 months later that on father's day weekend, which is our regularly scheduled weekend, that his ex is taking the 10 year old because her sister is getting married. We wrote back and explained that this is our weekend, and it's father's day weekend and we already have plans. We then offered that she can allow us an extra week in the summer, and we would try and change our plans.... she wrote back with a letter threatening that her lawyer will put a motion into the court so that she can have the 10 year old on that weekend. We are constantly asking for more time and access with my step daughter, and are always told that we need to follow the final court order exactly as it is written. But this weekend is OUR regularly court ordered weekend, and now that the final court order does not work to her benefit, she is trying to threaten going back to court and sticking us with all of the legal costs.

Question: Will the court order that she can have the daughter on our weekend?
Thanks!
If it was me, I would call the bluff. Before a motion, there would be a case conference. Additionally, I suspect that Father's Day would be long passed before they secured a motion date. In the alternative I would try to negotiate.
  #3 (permalink)  
Old 04-26-2010, 12:29 PM
Senior Member
 
Join Date: Apr 2010
Location: Brampton
Posts: 385
Pharah is on a distinguished road
Default

Does your current court order not have a stipulation for Father/Mother's day? That seems to be pretty standard.

I agree with monkamillion, you should tell her no and don't explain or make excuses. That just opens the door to arguments, then see what happens.

Personally, I can't see any Judge allowing her to take the girl on Father's day without the Father's permission. Not to mention that the ex would have to file a motion to change which would not be an over-night thing.

Last edited by Pharah; 04-26-2010 at 12:32 PM. Reason: adding motion info
  #4 (permalink)  
Old 04-26-2010, 12:32 PM
Senior Member
 
Join Date: Jul 2009
Location: Vaughan
Posts: 2,360
billiechic is on a distinguished road
Default

Unless it is the child's own parent getting married, then nobody can trump a father on father's day. call the bluff.
  #5 (permalink)  
Old 04-26-2010, 01:09 PM
Member
 
Join Date: Jan 2010
Posts: 93
gumby is on a distinguished road
Default they could get an emergency motion

if it is for vacation. That is what my ex's ex (can't believe I'm typing that)
did when he tried to screw up their plans by not handing over the passport.
He was given 24 hours notice of the motion. He capitulated (which he should have)!
But just to warn, if you "call their bluff" they might do that. They might not win, but they could serve you so be ready.
  #6 (permalink)  
Old 04-26-2010, 03:52 PM
Junior Member
 
Join Date: Apr 2010
Posts: 10
monksamillion is on a distinguished road
Default

Ok thank you so much for the advise. We were planning on calling the bluff, because we figured that there was no way that it would get to court by the time father's day weekend arrived. It is not her mother that is getting married, it is her mother's half sister who is getting married. It is not for vacation, it is for a wedding in town.

If she does file for a motion, we would also like to file for a motion to ammend the current custody arrangement because my husband's daugther has stated many times to us that she wants to live one week at our house, and one week with her mother (especially now, because she has a baby sister at our house), but I think that at 10 years old, she's too young to have her own lawyer and make that decision, am I correct?
  #7 (permalink)  
Old 04-26-2010, 04:15 PM
Senior Member
 
Join Date: Apr 2010
Location: Brampton
Posts: 385
Pharah is on a distinguished road
Default

You can request that the office of the children's lawyer get involved to represent her interests, if needed.
  #8 (permalink)  
Old 04-26-2010, 08:05 PM
Junior Member
 
Join Date: Apr 2010
Posts: 10
monksamillion is on a distinguished road
Default

Ok, so at 10 years old, a child can have their own lawyer, but does that mean that the court would listen to what she has to say, and make a decision regarding custody or access based on her wishes? Or will they simply say that she's too young to know what she wants?!
I don't want to waste a whole bunch more money in court to be told that she's too young to know what she wants.....

Thanks!
  #9 (permalink)  
Old 04-28-2010, 09:21 AM
Senior Member
 
Join Date: Jul 2009
Location: Vaughan
Posts: 2,360
billiechic is on a distinguished road
Default

the OCL doesn't cost you anything, but the motion for custody will. I would leave that one for now until you have the Father's day thing worked out. That is the pressing issue.
  #10 (permalink)  
Old 04-28-2010, 10:29 AM
tugofwar's Avatar
Senior Member
 
Join Date: Nov 2009
Location: mostly in my own little world
Posts: 1,384
tugofwar is on a distinguished road
Default

Are you relatively close to each other? Is there anyway possible that you split the day?
I was asked to change mother's day to saturday to accommodate my ex having daughter on his sundays....
Closed Thread


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On
Trackbacks are On
Pingbacks are On
Refbacks are On


Similar Threads
Thread Thread Starter Forum Replies Last Post
Having a court order looked at by a Judge for Clarification Mouse_117 Divorce & Family Law 15 02-16-2010 08:36 PM
Returning to court, to change court order nmhanlon Divorce & Family Law 0 10-12-2008 08:46 PM
Email from my Lawyer - ???? serrona Divorce & Family Law 4 11-24-2006 11:58 AM
aftermath littleman Divorce & Family Law 1 09-27-2006 09:43 PM
Rule 25: ORDER Grace Divorce & Family Law 2 04-24-2006 06:55 PM


All times are GMT -4. The time now is 01:21 AM.