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-   -   Denying access? (http://www.ottawadivorce.com/forum/f4/denying-access-4523/)

mom2three 05-18-2009 10:22 AM

Denying access?
 
Presently, my ex has temporary custody and the judge ordered "reasonable access". I requested to have the children over the weekend but he refused stating he will not give me the children unless my lawyer goes through his lawyer! Can he do this? Surely someone has to make him understand the court order is sufficient? And just what would "reasonable access" entail? I know he will never let me see the children until we go back to court again and that is not until the first week of June - will he be shooting himself in the foot by doing this?

Kimberley 05-18-2009 03:41 PM

Keep requesting time with the kids, and do so with at least 48 hours notice. Also put in a call to your lawyer and let him/her know you are being denied all access - keep documentation of when you have requested access, for what dates (to show the amount of notice you have given) and his refusals.
He could very well be shooting himself in the foot, but every situation is different as well as the circumstances.

Best of luck

standing on the sidelines 05-18-2009 05:19 PM

reasonable access is such a vague term. What is reasonable to one may not be resonable to another. To me reasonable would be at the minimum every other weekend. Maybe get your lawyer to send his lawyer a fax that you wish to have the kids on such and such a date and time.

thistoshallpass 05-19-2009 08:45 AM

Right of the child
 
In The Best Interest of The Child.” In as much as it is the Right of the Child to have both parents financially support them. It is also the Right of the Child to have access to each parent, it is not the right of the parent.

logicalvelocity 05-19-2009 09:16 AM

Quote:

Originally Posted by thistoshallpass (Post 23498)
In The Best Interest of The Child.” In as much as it is the Right of the Child to have both parents financially support them. It is also the Right of the Child to have access to each parent, it is not the right of the parent.


Agreed! It is also the law.

Dooly 05-20-2009 10:02 PM

I wish my soon to be EX would read that.... I haven't been "allowed" by her to see my kids in 65 days, every time I get her in court they delay my motions for access, complete and utter BS :mad::mad:

logicalvelocity 05-22-2009 12:10 AM

Quote:

Originally Posted by Dooly (Post 23554)
I wish my soon to be EX would read that.... I haven't been "allowed" by her to see my kids in 65 days, every time I get her in court they delay my motions for access, complete and utter BS :mad::mad:

Continuing documenting the delays and requesting the children's access. Request dates of availability of the other party.

To summarize -- It won't look good if the court has to reinstate the children's access.


lv

Dooly 05-22-2009 04:23 PM

Quote:

Originally Posted by logicalvelocity (Post 23595)
Continuing documenting the delays and requesting the children's access. Request dates of availability of the other party.

To summarize -- It won't look good if the court has to reinstate the children's access.


lv

I'm assuming you mean it won't look good for her?? I keep a daily log of all activity involving my divorce.


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