Ottawa Divorce .com Forums


User CP

New posts

Advertising

  Ottawa Divorce .com Forums > Main Category > Parenting Issues

Parenting Issues This forum is for discussing any of the parenting issues involved in your divorce, including parenting of step-children.

Reply
 
LinkBack Thread Tools
  #1 (permalink)  
Old 11-28-2011, 03:25 PM
Junior Member
 
Join Date: Nov 2011
Posts: 2
Upset Nana is on a distinguished road
Unhappy Access

n our court ordered agreement it states "The respondent (my ex) shall be responsible for picking up the child at the applicants (me) residence at the commencement of his parenting time and dropping child off at the applicant's residence at the conclusion of his parenting time". Today he sent his father to pick up child, and I refused to hand over as it was not my ex. Was I legal correct in doing this. I had a feeling he was working at the time. Our agreement states the days and times he has child as he works continental shifts so has days off during the week. Today being that day. Well I found out he is not off today he is working. Also the agreement states Parenting time for child shall be split between the parties in accordance with the following schedule which extends over a two week period and the repeats. Respondent has child Monday 9 am to Tuesday to 5:30 pm as he is off, works next 2 days so child is with me. Then pick up at Thursday evening 7:15 pm until Sunday at 6 pm as he is off, the he works 2 days then off 2 days. After schedule is laid out in agreement it states "The above schedule woul follow the respondents employment schedule". I think he has a change in his work schedule and has not told me, is there anything I can do?
Reply With Quote
  #2 (permalink)  
Old 11-28-2011, 04:31 PM
blinkandimgone's Avatar
Senior Member
 
Join Date: Feb 2010
Location: Lucknow
Posts: 2,339
blinkandimgone is on a distinguished road
Default

I think you're being rather controlling. it is up to him to make arrangements for transportation on his time and up to him to arrange who he wants to share his time with. If he wants to arrange for the child to have visits with their extended family during his time - which you should be ENCOURAGING - that is his choice.

Your order says he shall be responsible, it doesn't say that HE and only HE can transport or spend time with the child.

No, you weren't correct - legally OR morally. What you SHOULD be doing is speaking directly with him if you have concerns and not unilaterally making decisions to restrict his access based on what you THINK might be going on.
Reply With Quote
  #3 (permalink)  
Old 11-28-2011, 04:35 PM
Junior Member
 
Join Date: Nov 2011
Posts: 2
Upset Nana is on a distinguished road
Default

Well the concerns I have is his father is an alcoholic and it is a decision I made as to the best interest of the child. I did not deny his time just who should be picking her up, the schedule was made so he has time on his days off which now I find out he is working today and has his alcoholic father watching the child.
Reply With Quote
  #4 (permalink)  
Old 11-28-2011, 04:59 PM
Senior Member
 
Join Date: May 2010
Location: Hamilton
Posts: 1,617
HammerDad is on a distinguished road
Default

You are being unreasonable. Your ex is permitted to use his discretion and allow other individuals to pick up the child for his parenting time if he is otherwise unable.

Unless Grandpa was drunk infront of you, you have no reasonable grounds to refuse to release the child. Grandpa may be an alcoholic, but he may also be capable of holding off a few hours until dad gets off work. You have no right to deny parenting time on the reasoning that Grandpa MAY drink during such time.
Reply With Quote
  #5 (permalink)  
Old 11-28-2011, 05:38 PM
Member
 
Join Date: Nov 2011
Posts: 78
FaithandMorals is on a distinguished road
Default

Quote:
Originally Posted by Upset Nana View Post
Well the concerns I have is his father is an alcoholic and it is a decision I made as to the best interest of the child. I did not deny his time just who should be picking her up, the schedule was made so he has time on his days off which now I find out he is working today and has his alcoholic father watching the child.

Where does it say anything in the court order about your Ex's father? It doesn't, does it?

How do you think your child not spending time with your Ex's family or your Ex is "the best interest of the child"?

You did NOT know at the time of denying time that your Ex was working then or the following day.

The judge's order is NOT an order for you or your Ex. The judge's order states where your child needs to legally be at given times.

The actual order states "The respondent shall be responsible for picking up the child at the applicants residence at the commencement of his parenting time and dropping child off at the applicant's residence at the conclusion of his parenting time".

Your Ex was 'responsible' for the pickup eventhough his agent (his father) did the actual pick up.

If you are still confused, ask yourself why the order does not say 'The respondent shall pick up the child'.

Ultimately, without grounds, you over ruled the judge's decision.
Reply With Quote
  #6 (permalink)  
Old 11-28-2011, 06:03 PM
Senior Member
 
Join Date: Apr 2011
Posts: 665
Pursuinghappiness is on a distinguished road
Default

Quote:
...had a feeling he was working at the time
...Today being that day. Well I found out he is not off today he is working
...I think he has a change in his work schedule and has not told me, is there anything I can do?
Really, you sit around trying to figure out whether or not the guy took a day off of work or switched around a shift?!?

Here's what I think you should do....take up knitting. You have wayyyyyy too much time on your hands.

Holy stalker.
Reply With Quote
  #7 (permalink)  
Old 11-28-2011, 06:23 PM
Gary M's Avatar
Senior Member
 
Join Date: Sep 2010
Location: Kanata
Posts: 693
Gary M is on a distinguished road
Default

OK nana: There is 100% concurrence on this subject, and from a wide range of people who otherwise sometimes (usually, even) disagree on issues like this.

You came for advice and you got it - I only hope that you will take it to heart and act on it.

And that, as Forrest said, is all I have to say about that.

Cheers!

Gary
Reply With Quote
  #8 (permalink)  
Old 11-28-2011, 06:56 PM
Senior Member
 
Join Date: Apr 2011
Posts: 665
Pursuinghappiness is on a distinguished road
Default

Quote:
...which now I find out he is working today and has his alcoholic father watching the child.
Do you have evidence that he's drunk watching the child and that its causing the child harm? I had a lot of people in my family that were heavy drinkers...and I still loved them and loved spending time with them growing up. Your assessment of his drinking habits is highly suspicious to say the least. If he got someone to watch the child so that he could still keep his time in place with her and got a babysitter..that's totally his perogative. If you want to highlight off the court order words, look them up to find every intimate meaning and then stalk him to find out when he's working...I would simply ask you what your motive is...

I can tell you what your motive isn't....

Quote:
...the best interest of the child.
Seriously, for your own sanity, find something to do with your time and stop the harrassment.
Reply With Quote
  #9 (permalink)  
Old 11-28-2011, 08:00 PM
Senior Member
 
Join Date: May 2010
Posts: 626
LostFather is on a distinguished road
Default

Quote:
Originally Posted by Upset Nana View Post
n our court ordered agreement it states "The respondent (my ex) shall be responsible for picking up the child at the applicants (me) residence at the commencement of his parenting time and dropping child off at the applicant's residence at the conclusion of his parenting time". Today he sent his father to pick up child, and I refused to hand over as it was not my ex. Was I legal correct in doing this. I had a feeling he was working at the time. Our agreement states the days and times he has child as he works continental shifts so has days off during the week. Today being that day. Well I found out he is not off today he is working. Also the agreement states Parenting time for child shall be split between the parties in accordance with the following schedule which extends over a two week period and the repeats. Respondent has child Monday 9 am to Tuesday to 5:30 pm as he is off, works next 2 days so child is with me. Then pick up at Thursday evening 7:15 pm until Sunday at 6 pm as he is off, the he works 2 days then off 2 days. After schedule is laid out in agreement it states "The above schedule woul follow the respondents employment schedule". I think he has a change in his work schedule and has not told me, is there anything I can do?
I agree with the other posters. You were wrong. Moreover you're in contempt. If i were you, I would not only apologize for your error, I would offer him make up time for the the time you unilaterally denied access. Asap!
Reply With Quote
  #10 (permalink)  
Old 11-28-2011, 08:13 PM
Senior Member
 
Join Date: May 2011
Location: Ontario
Posts: 686
Berner_Faith is on a distinguished road
Default

I guess you have already received your answer...nothing else to be said... everyone here is right...
Reply With Quote
Reply

Tags
access, child custody, denied


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 Off
Trackbacks are On
Pingbacks are On
Refbacks are On


Similar Threads
Thread Thread Starter Forum Replies Last Post
Help me make a fair access schedule please? representingself Divorce & Family Law 12 08-11-2011 10:48 PM
Police undertaking overrides order for access? formyGirls Divorce & Family Law 8 05-23-2011 03:32 PM
Custody and Access Decision-Making and the Breastfeeding Child: Cavannah v. Johne WorkingDAD Divorce & Family Law 8 05-03-2011 10:55 AM
Increasing Shared Access lets_be_fair Divorce & Family Law 0 04-28-2011 09:36 AM
Case Conference Info tycooke Divorce & Family Law 9 07-12-2006 09:11 AM


All times are GMT -4. The time now is 03:56 AM.