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  • Denied access

    Ex just stopped bringing the children at access, last access was 2 weeks ago, we have a final order where she has custody and I have access every other weekend, from Friday 6pm to Sunday 6pm. I had constant and continue access since 4.5 years now. She just stopped access on her own, no notice, no warning, nothing. So I am about now to bring a motion, should be an emergency motion or just a regular with forms 14B and 14A? How should I serve her, I don't have her new address? We've exchange the kids at a public place in the past but she has moved to a new address. Is she in contempt of the order? If so how should I ask the judge for that? Thank you.

  • #2
    how far has she moved?

    what did ordrr say about relocating?

    emergency motion on notice is what I would do to restore access if it is caught off for no good reason

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    • #3
      Originally posted by trinton View Post
      how far has she moved?

      what did ordrr say about relocating?

      emergency motion on notice is what I would do to restore access if it is caught off for no good reason

      Sent from my SM-G935F using Tapatalk
      she moved one block away, same area where she lived before, I don't know her address.

      the order doesn't mention anything about relocation.

      You're saying an emergency motion on notice, to serve it at what address?

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      • #4
        Originally posted by paco View Post
        she moved one block away, same area where she lived before, I don't know her address.

        the order doesn't mention anything about relocation.

        You're saying an emergency motion on notice, to serve it at what address?
        do you have her new address? shouldn't be hard to find if it is a block away


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        • #5
          like I said, I do not have her address, and it's hard to find, it's a complex of high rise condos, should I serve to her last known address instead?

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          • #6
            Originally posted by paco View Post
            like I said, I do not have her address, and it's hard to find, it's a complex of high rise condos, should I serve to her last known address instead?
            you need judge permission for alternative service

            you could try email if the clerks accept your affidavit of service

            worst to worst you do it without notice since you don't have her address and ask for police assistance clause. see what judge says

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            Last edited by trinton; 02-06-2017, 10:16 PM.

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            • #7
              Originally posted by trinton View Post
              you need judge permission for alternative service

              you could try email

              Sent from my SM-G935F using Tapatalk
              okay so now I need another motion for judge permission for alternate service? what would be an alternate service?

              I don't have her email.

              That's what I was thinking, for police to enforce the access order, and the motion without notice.
              Last edited by paco; 02-06-2017, 10:19 PM.

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              • #8
                Originally posted by paco View Post
                okay so now I need another motion for judge permission for alternate service? what would be an alternate service?

                I don't have her email.
                alternative service would be mailing to her last kown address. on the emergency motion without notice you ask for it

                doesn't your kids school have her new address on file?

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                • #9
                  who will determine that she's indeed in contempt of the access order and when?

                  Is the school entitled to provide me with her address? I went to police asking for address to serve court docs, they told me that I need a court order for that.
                  Last edited by paco; 02-06-2017, 10:23 PM.

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                  • #10
                    Originally posted by paco View Post
                    who will determine that she's indeed in contempt of the access order and when?
                    i would start by police assistance clause and see how that goes

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                    • #11
                      Bring an EM without notice ASAP.

                      You dont want to seem like you're okay with it. The more time that passes the more it seems like you consent.

                      Exhibits:

                      Records of your attempts to communicate.
                      Wording of previous order.
                      Proof kids were happy and thriving in the current regime (not that you need this).

                      Its a clear breach of the order and its not in the best interests of the children to have this sudden, unexpected change without notice. That's s good way for a parent to lose custody.
                      Screw giving them notice. Go get your kids back.

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                      • #12
                        Originally posted by trinton View Post
                        i would start by police assistance clause and see how that goes

                        Sent from my SM-G935F using Tapatalk
                        so, resuming, I file an emergency motion 14B without notice, an affidavit 14A explaining the situation and simply asking for police assistance to restore access and I will ask for alternate service for serving docs as I also plan to file a motion to change final order, that's 15, 15A and 35.1 which is a whole different ball.

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                        • #13
                          Originally posted by paco View Post
                          so, resuming, I file an emergency motion 14B without notice, an affidavit 14A explaining the situation and simply asking for police assistance to restore access and I will ask for alternate service for serving docs as I also plan to file a motion to change final order, that's 15, 15A and 35.1 which is a whole different ball.
                          notice of motion asking for police assistance clause to enforce the final order. attach final order and a draft order.for judge to sign right there and then.

                          affidavit explaining situation

                          my name is ........
                          final order in place .with access terms..... as attached
                          applicant has unilaterally moved and has not communicated with you about her where abouts. You've contacted her and have been ignored
                          you believe she lives close by and will need assistance of police to locate her and enforce the order
                          you're not asking for costs but simply to enforce your access



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                          • #14
                            Originally posted by LovingFather32 View Post
                            Bring an EM without notice ASAP.

                            You dont want to seem like you're okay with it. The more time that passes the more it seems like you consent.

                            Exhibits:

                            Records of your attempts to communicate.
                            Wording of previous order.
                            Proof kids were happy and thriving in the current regime (not that you need this).

                            Its a clear breach of the order and its not in the best interests of the children to have this sudden, unexpected change without notice. That's s good way for a parent to lose custody.
                            Screw giving them notice. Go get your kids back.
                            tomorrow morning I'm with my EM before the court. Who will determine if she's in contempt of order?

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                            • #15
                              Originally posted by paco View Post
                              tomorrow morning I'm with my EM before the court. Who will determine if she's in contempt of order?
                              don't worry about that. focus on restoring the access.


                              get duty counsel to look everything over if possible

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