Has Anyone Had Supervised Access Changed To Unsupervised?

[Access Dad]

I'm before the court now asking that my supervised access be changed to unsupervised. I had a substance abuse problem but now have been clean for over a year. The only reason access was supervised was because of the drugs (no other reason). I have exercised my supervised access faithfully for last 5 yrs. Has anyone ever had their access changed from supervised to unsupervised?

[HammerDad]

I've never been in the situation, but it would simply be a motion with the court.

Be prepared to give folical tests etc now and submit to random tests in the future and a judge should be agreeable to a progression to unsupervised access.

[Access Dad]

Yes. My motion to change has already been filed- case conference in March. Filed as exhibits 2 clean hair follicle tests showing complete abstinence from Dec (last year) to Oct (this year). Also filed 8 1/2 months worth of weekly supervised urine screens all of which are negative, and filed letters from rehab show completed treatment and that they had no concerns. Thanks HammerDad...I feel pretty confident but my ex is completely opposed to even the thought unsupervised access. Since she can't dispute that I'm clean and sober, her position is that the almost 14 months of sobriety is "not long enough" She's asking that access continue to be supervised but doesn't suggest any point in time where she feels it should end. My daughter's 7 and is so excited about us finally being able to go out on our own.

[raven70]

You will have a Motion, tell the truth, like you have done in your opening
and you will be successful. I have been to court several times for increased
access and always won, admit the past, repeat that you have excerised
all your access available, and the role you want to have in the future.

I did it, you will to, I wish you the best of luck, Raven

[Access Dad]

Thanks raven. That's good to hear. Yes I too believe it's just better to tell the truth in court no matter what. You hit right on the money when you say to "admit the past." That's exactly what my lawyer advises. She says judges, in cases like mine where you want to increase access, want to hear that you take full responsibility. I definitely don't want to show the judge that I've learned nothing through this entire ordeal. I don't wanna show any lack of insight as to the role I played in this whole mess. That's the truth. I made very poor choices and it put me in the position I'm in today. But I'm a changed man and I have overcome alot in order to be committed to my little girl. How's that sound?

[raven70]

Access Dad, taking responsibility for the past and showing your commitment
to the future,you are on the mark.

When is your Motion or CC? I know there can be pressure when a date is
set and access is going to be argued, one way I helped this was just simply
taking long walks,eating healthy,or exercising a bit to help out..

Another thing is that in all my dates for increased access, allthough I wanted
to make a statement to the Justice, it also never came to be and all
communication was through the lawyers.

Are you seeking overnight access at this time?

Best of Luck, Raven

[Exquizique]

I don’t have the cases or the links to them off the top of my head, but I have read at least a couple of cases on Canlii with regards to NCPs in a similar situation to yours successfully having transitioned from supervised to unsupervised access. I think you stand a good chance if you have all the evidence presented at hand and are consistent in your approach!

[Access Dad]

Originally Posted by raven70

Access Dad, taking responsibility for the past and showing your commitment
to the future,you are on the mark.

When is your Motion or CC? I know there can be pressure when a date is
set and access is going to be argued, one way I helped this was just simply
taking long walks,eating healthy,or exercising a bit to help out..

Another thing is that in all my dates for increased access, allthough I wanted
to make a statement to the Justice, it also never came to be and all
communication was through the lawyers.

Are you seeking overnight access at this time?

Best of Luck, Raven

My CC is set for March 20, 2012. Yes I'm seeking overnight access. Since my daughter has never been in my unsupervised care or allowed to come to my home, my lawyer drew up a graduated schedule. But in the end all I'm asking for is every other weekend and split of all holidays. Thanks for the tips raven. I will definitely try the long walks and stuff.

[Access Dad]

Originally Posted by Exquizique

I don’t have the cases or the links to them off the top of my head, but I have read at least a couple of cases on Canlii with regards to NCPs in a similar situation to yours successfully having transitioned from supervised to unsupervised access. I think you stand a good chance if you have all the evidence presented at hand and are consistent in your approach!

Thanks Exquizique (great name by the way). I too read decisions on Canlii until I go blind. I think I'm finished with Ontario. I gotta move on to other provinces. But yeah, I also have read more than a few cases where access was changed from super to unsuper once the NCP changed whatever it was that got him super access in the first place. Thank you all very much. It's nice to get input from others.

[Teddie]

I like the way you approach admitting the past and preparing for the future. Sounds like you have done a good job improving your life. All the best in court man.