Advice For Non-Canadian Needed

[LostKingdom]

I am looking for advice from Canadians.

I have been in an on-going increasingly vicious dispute with 2 and half year old daughter’s mother, which is taking increasing turns for the worse. __In short – we lived in Europe for the first year when mother took daughter back to Canada.

Since then I have travelled to Canada 14 times for between 1 an 6 weeks (usually around 2) in the last 20 months to be with our daughter.

In 2009 on each trip my parenting time was reduced significantly [by the mother] every time I traveled and finally I had to resort to taking our daughter‘s mother to court [Hague convention].

Eventually there was a temporary court order wrt access was issued which protected the time our daughter and I had together (approx 28 hours out of every 48). This expired earlier on in the summer (when Hague wasn’t upheld – quite convoluted – but habitual residence in Europe was not established ?]

When I arrived in Canada [14th trip] to see our daughter, I was told there was no longer any court order and that I would have to sign a document agreeing to 45% less time than had been previously court ordered OR agree to supervised access. I refused and had the door shut in my face – I reacted and stopped the door being closed using my body. My daughter’s mother and a friend (who was behind the door) called the police, said I assaulted them and I was arrested.

I was quite traumatized by the whole situation - I am going along with the new schedule under duress – until I can get anther court date. I don’t know what to expect.

I find each trip to Canada harrowing and am exhausted.__Any advice would be welcome?

[dadtotheend]

You're screwed.

[Pharah]

You need to go back to court and get a custody/assess arrangement worked out. I would include that the mother is alienating you from your daughter but you need to speak to a lawyer. Go to the courthouse and ask the FLIC agent to speak to duty counsel.

Unless she can prove that you are a flight risk and that you will abduct you daughter, then you should be able to get reasonable visitation, even travel time with your child.

[dadtotheend]

Yeah, the problem is that it is a very uphill battle to have to continue to go to court to enforce access. That he is in Europe and the additional drain on his emotional and financial resources compounds an already very difficult burden.

[Pharah]

Right but he needs a more then just a temporary order.

[LostKingdom]

Thanks for the replies. The Canadian lawyer I hired says I should get a hearing in November. Does that sound right? I'd like to get an order that takes us up to daughter starting school? Is this realistic in Canada.

She is securely attached to me - has been delighted every single time she's seen me and does not fret in my care.

However there is always stress in the trips - its takes me 36 to 48 hours of travel to get from home to where the mother lives - when I arrive there have been notes on door saying they are out - or emails saying they have plans and cant see me the day I arrive - or shouting from upstairs window that our daughter is having a bath and I'll have to wait - or snarling that I am early if I arrive 2 minutes early, or that I am late - if I return 5 minutes 'late' - and always in front of the kid etc etc etc - I endured this [and much much more] for 20 months - but getting arrested really really has finally exhausted me......

I've spent 20k on lawyers alone trying to sort this out - [the other parent has spent 100k on lawyers - apparently - in divorce documents - she is quite wealthy].

I have a decent job but am out of money - I feel sick when I think about loosing contact with daughter.

[Pharah]

I would go to the court house and ask duty counsel. I don't understand why the order would have been temporary or would expire to begin with. You need proper advice...