Emergency Motion

[advice needed]

It was ordered on a motion by my ex that I get supervised access in late July. Till today I havent had my first visit, even though i sent in my paper work the next day.

My TMC and S/C is scheduled for 2nd week of Dec. X

My question: Can i file an emergency motion for immediate access to my son on grounds that my ex is stalling the supervised access.

[wretchedotis]

From personal experience, no you can't.

Slow access, or even denied access is not an 'emergency'.

Yeah, I know. What IS an 'emergency' then?

Especially if you consider it is always supposed to be about 'the best interests of the child'.

I'm not a lawyer, or a Judge.

Who can say what a judges' mood is on any given dy, and whether or not they may grant such a motion merit?

I say, if you are self-rep, and think it is an emergency - you file and show up at court for motion, then let the Judge decide.

Be prepared to be taken to task and take the brunt of consequence should you get slapped down. Hard.

But even if that is the case, if you present a logical, coherent, and child centered argument - well, I think most Judges will let the failed attempt slide.

Motivation is key, and transparent.

I want to believe that if a Judge recognizes that you motion from a good place, they won't punish you too harshly.

[advice needed]

thanks wretch,, you make some valid points

[Mess]

You may file a regular motion since you have had a case conference.

If you try an emergency motion, the first thing a judge will ask is why you didn't file a regular motion.

If you go to the courthouse and ask for dates, you may very well get a regular motion date very quickly. If you do not try this, there is almost automatically no emergency.

[advice needed]

Thanks for feedback,,
I also have 4 letters that my son has written to me and sent by mail... telling me he misses me and wants to come home, he also says he would run away, but he doesn't like what the police did to him the last time.

do you think that should hold some weight at the motion .?

[wretchedotis]

http://www.ottawadivorce.com/forum/f...e-court-13291/

[Mess]

Slow access, or even denied access is not an 'emergency'.

Yeah, I know. What IS an 'emergency' then?

.

Support is not being paid, the recipient parent has been living off of a line of credit which is about to be exhausted, the rent is past due and they and the children are in danger of losing their housing. That would be an emergency.

Without warning a parent is about to move 200km away with the children. That is an emergency.

A parent has not had access for 4 months, but during these 4 months has taken no steps to obtain a regular motion date. This is not an emergency.