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  • Mental Health

    Hi,

    I had a baby with a girl. We do not have a relationship. She only allows me to see the boy with supervision.

    Her lawyer sent me a letter saying she is concerned about my mental health, that is why I can only see the boy under supervision.

    She is lying. This never happened. Can I prosecute her for this accusation?

    I do not have any court orders yet.

    Thanks,

    LocoAbreu

  • #2
    Originally posted by locoabreu View Post
    Hi,

    I had a baby with a girl. We do not have a relationship. She only allows me to see the boy with supervision.

    Her lawyer sent me a letter saying she is concerned about my mental health, that is why I can only see the boy under supervision.

    She is lying. This never happened. Can I prosecute her for this accusation?

    I do not have any court orders yet.

    Thanks,

    LocoAbreu
    If I recall from your previous posts, you're dealing with gatekeeper mommy that really doesn't want you to be anymore than an 'uncle-daddy' that visits a few hours each month.

    You need to add this to your growing stack of access denials.

    You can't really "prosecute" her for this, but what you should do is email the lawyer back and request full disclosure related to what they feel are your mental health issues. Demand that they provide specific incidents, medical evidence, etc.. Advise them through email that in the absence of any specific incidents, diagnosis, or a court order, that their continued refusal to allow unsupervised access is a violation both your rights and the right of the child.

    Comment


    • #3
      It is true Straittohell I'm dealing with a gatekeeper mum.
      Now the situation is very complicated I decided not to see the child till a get a lawyer to take this issue to court. I have replied to asking for any medical evidence. She never replied.
      Do you think It will look bad If I do not see the boy for a while until the matter is resolved?

      Comment


      • #4
        Originally posted by locoabreu View Post
        It is true Straittohell I'm dealing with a gatekeeper mum.
        Now the situation is very complicated I decided not to see the child till a get a lawyer to take this issue to court. I have replied to asking for any medical evidence. She never replied.
        Do you think It will look bad If I do not see the boy for a while until the matter is resolved?
        Oh, it will totally look bad, but it will go much worse if you got her dad's place and end up having the police called on you again.

        You're in a terrible situation. You need to have acquired a lawyer YESTERDAY.

        Comment


        • #5
          Why are you asking mom for proof of mental health issues. Simply state there are none. And get a lawyer already. Please try and continue to see your son, it matters.

          My husband was accused of some pretty terrible things. He never asked for proof - he denied them. Don't entertain her bullshit.

          Comment


          • #6
            There is something off about you. Maybe its poor english but I think you won't do well in court.

            I had a baby with a girl.
            Girl?

            She only allows me to see the boy with supervision.
            Not my son - Boy?

            Her lawyer sent me a letter saying she is concerned about my mental health, that is why I can only see the boy under supervision.

            She is lying. This never happened. Can I prosecute her for this accusation?
            This makes no senese, they didn't accuse you of anything - you can't say somebody is lying about something they "feel"

            Now the situation is very complicated I decided not to see the child till a get a lawyer to take this issue to court. I have replied to asking for any medical evidence. She never replied.
            Do you think It will look bad If I do not see the boy for a while until the matter is resolved?
            This is borderline crazy - if there is one thing this site should teach you is never let the mom establish status quo.


            Good Luck but you need help (a Lawyer at least)

            Comment


            • #7
              Get a voice recorder and always wear it turned on when you are around the mom/child, and try to see your child.
              Have a friend be ready to bail you out of jail. (not a biggie, sounds worse than it actually is, just familiarize yourself with the process)
              As it is said, don't let the mom establish a status quo.

              Comment


              • #8
                Do you have any psychological problems? If you do it dont mean stopping parenting automatically. If you dont like seren said the burden of proof is on her. And never give any medical records only judge can request it. Ask questions on this forum when you need help. Without this forum i would be in situation similar to yours.

                Comment


                • #9
                  When I read this locoabreu's very first post, I got the sickening feeling that he was being set up in the worst possible way.

                  His girlfriend refused access unless it was at her father's house, and then, when he showed up, she made sure that all of her friend's were present, and made certain that he was treated as nothing more than another visitor. Then, whenever he attempted to interact with the child, she berated and critiqued him until a confrontation was inevitably created, and then she called the police to have him removed.

                  Even with the suggestion of having a voice recorder on hand, I can't say I agree with the notion of this poor guy trying to see his kid under these circumstances at this point. The mother is obviously trying to sabotage him in the worst possible way, even if it causes stress to the baby as a result of her starting a fight with him. I would normally encourage someone to exercise access as much as possible, but come on, folks, what he is getting now is even worse than what LF32 was being subjected to. He's having to go to grandfather's house and get humiliated and harassed in front of multiple witnesses.

                  What this guy needs to do is get to court and have proper access ordered right away, and not give the mom any more ammo to use against him. While him not being present can be used against him, a few hours a month in that kind of toxic environment isn't exactly something he should be consenting to at all.

                  Comment


                  • #10
                    I'll get a lawyer. I just need to find out how much it will cost me.
                    I decided not to go there any more because I do not want the baby to see this kind of things (police etc). I think it is not a good environment for him. She is doing everything for me to give up. But I'll not give up. I think I should wait until I have a court order. I hope the judge will understand my point. Thanks for the responses.

                    Comment


                    • #11
                      Usually a lawyer wants a "retainer" which is money up front. To start often it is anywhere from 5,000.00 to 10,000.00 (in Alberta). Then whenever you meet with your lawyer, communicate with him or he does something on your behalf (like read your emails or letters from your ex's lawyer) he deducts his fee from that amount. You should get a detailed bill every month showing you just how much having your lawyer work for you costs. Lawyers typically charge in 10 or 15 minute segments so finding out how much your lawyer's hourly rate is important. You the client are paying for the lawyer's nice office and all those nice people who greet you at the door and offer you coffee. When the retainer money has been spent you will be required to give the lawyer more money.

                      The best thing you can do is continue to read everything you can about other cases which are similar to yours. You go on to a website called CanLii.org. You can see the judges decisions on many cases there. The more you understand the less your lawyer will have to hold your hand and spend precious time explaining how the law works in your situation. Of course, this website has plenty of information for you to read. Information is power.

                      Comment

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