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Divorce Support This forum is for discussing the emotional aspects of divorce: stress, anger, betrayal of trust and more.

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  #11 (permalink)  
Old 12-10-2011, 03:01 PM
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Quote:
Originally Posted by fireweb13 View Post
The main reason I do not want to mention the driving is because her fiancee who is the reason they moved 6 months ago has a license, a car and every Sunday off of work so it is not like they cannot drive, its just that he does not want to, but he is the reason they are so far away.
it is not up to him to provide transportation for your access visits. Yes he has a car etc but if he doesnt want to drive no one can force him. He did not force them to move, your ex made a choice to go with him. Just mention the driving thing to your ex and get this sorted out. You are losing valuable time with your daughter over what??
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Old 12-13-2011, 11:14 AM
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Ok so I am trying to get in contact with my ex to see how our daugther is doing. We only communicate through email. I emailed Sunday and asked how she was doing, and also asked if I could phone and talk to our daughter since we missed the weekend. Emailed Monday and asked simply how she is doing, and emailed again today to ask how she is feeling. I am going to try and call tonight to get an update on whats going on because as of Friday I have not been able to be in contact with them after she told me that I cannot see our daughter because she was very sick. Any suggestions?
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Old 12-13-2011, 11:50 AM
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I know in some jurisdictions you can call the police to do a "welfare checkup" (may just in the US though). It is pretty much the police knocking on the door asking to see the child and the parent because there has been no response to communications and/or reasonable belief the persons welfare may be in jeopardy.

But document her failure to reply as well with documenting that you do not agree with her unilateral decision to deny your parenting time.

These are all matters that will look bad on her should you have to bring to court for contempt.
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Old 12-13-2011, 11:54 AM
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Originally Posted by HammerDad View Post
These are all matters that will look bad on her should you have to bring to court for contempt.
and I would add from my experience that will definitively look bad in trial. She will have to explain all this (of course if you ask as I did). And it's not so easy as just not showed up with kid.
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Old 12-13-2011, 12:08 PM
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Thank you both, I am just not sure how far to pursue the issue of finding out what is up. I mean I could call her parents ( I have a decent relationship with them...sometimes), or could try and call the school to see if she has been at school. I am starting to get worried that christmas may not happen again this year. 2 years ago she did not let me have our daughter for 3 months around christmas time.
I will call the police to ask if they can do a welfare checkup to see if they are ok, thank you Hammerdad.
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Old 12-13-2011, 12:13 PM
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Do either of you know of any caselaw that I can reference for building my case when I do go for a switch in residence (I know my ex must deny access several more times) but I figured if I could get a head start that may help in the long run.
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Old 12-13-2011, 12:38 PM
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Quote:
Originally Posted by fireweb13 View Post
Do either of you know of any caselaw that I can reference for building my case when I do go for a switch in residence (I know my ex must deny access several more times) but I figured if I could get a head start that may help in the long run.
CanLII - 2001 CanLII 32709 (ON CJ)

CanLII - 2003 CanLII 2329 (ON SC)

CanLII - 1999 CanLII 14982 (ON SC)

Here is a start. There are more on Canlii

Last edited by HammerDad; 12-13-2011 at 12:55 PM. Reason: Delete duplicate link
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Old 12-13-2011, 12:43 PM
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Thank you so much Hammerdad, I want to be better prepared for it this time.
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Old 12-13-2011, 02:57 PM
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Quote:
Originally Posted by HammerDad View Post
this one is kind of rare and dealing with enforcing court ordered access but at least something to keep in mind

1997 CanLII 14628 (ON SC)

from F.A.C.T
Quote:
Wayne Allen is one of 2 men in the last 20 years that have sent a custodial parent to prison for contempt of a court order by cutting off court ordered access. Wayne has gone to court 60 times so far. Incredible. The other father was Richard Dadd of Mississauga. It is interesting to note that both men represented themselves in court.
but keep in mind as Justice Stanley B. Sherr stated in 2009 ONCJ 630 (CanLII)

Quote:
[61] ...Given the relatively few missed visits, this is not a case for a police enforcement order. It is an order of last resort to be made sparingly and in exceptional circumstances. It can frighten children and polarize a difficult situation. See Allen v. Grenier and Hamilton-Wentworth Regional Police, 1997 CanLII 14628 (ON SC), 1997 CanLII 14628, 145 D.L.R. (4th) 286, 33 O.T.C. 81, [1997] O.J. No. 1198, 1997 Cars*well*Ont 934 (Ont. Fam. Ct.).
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Old 12-13-2011, 03:20 PM
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It makes it difficult when you have judges with such extreme views. Some believe that denying access is minor while others think it is major and there is case law for both lol.
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