Announcement

Collapse
No announcement yet.

Denial of Access, What Can I Do

Collapse
This topic is closed.
X
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • #16
    Originally posted by Mess View Post
    OK, so she keeps the child when she's not supposed to, you take a make up day that she tries to refuse you and you think that she is going to take you to court over it an win because of bias?
    No he won't lose anything because of biase. But any action may be looked upon as retaliatory and a tit-for-tat conflict.

    I agree with your general premise. That emailing your ex, once you have the child, and providing your intention to keep the child to make up for missed time and going from there is a good idea in theory. But he may have to relent if it gets to hot, and then where does he stand?

    He will have given the ex ammo that he is unwilling to coparent or be reasonable, thus possibly giving her argument for scrapping 50/50. Yeah, she did it first, but she will use the excuse that the child was ill. Of course Dad would be equally capable for looking after the child, and that is your argument to her point.

    And if he backs down after the ex sicks the hounds on him, and gives back the child on the scheduled time, not only did he "threaten" to keep the child, she now has the satisfaction of "winning" and getting the child back.

    I just think that he is best served calmly stating that he doesn't agree with her decision and he is equally capable of parenting as she is. That he doesn't agree with denying access and that in future she discuss any changes to the parenting schedule with him as he is a reasonable individual. And that any unilateral changes to the schedule by her will not be tolerated.

    One instance is not enough to drag her back to court. But 3-4 sure are and he will have a better chance of showing that this is a pattern and she is using the excuse of illness (while not proving the illness to him) as a means of denying access.

    Comment


    • #17
      It has been four days of denied access and she has given me "permission" to pick up my son from daycare tomorrow. I followed HammerDad's advice and sent her emails each day stating that I do not agree with the decision, that I am a fully capable parent, and asking what time I pick up my son. I also requested medical information pertaining to my son and she has provided next to no information. All she would tell me was the doctors last name, I won't include the name of the doctor but it's a very common name making it impossible to find out which one he went to. All she would tell me was that my son saw a doctor and would not provide his contact information or the name of the prescription he was given. On top of the denial of access I came across evidence that my ex was at work two of the nights my son was kept from me.

      I let her screw up for four days and have all of it documented in writing. I don't think any judge would look highly upon her decision.

      I have strong suspicions that she will deny access to both children the next time they are schedule to be with me.

      My lawyer will get an update Monday morning and I'll go from there. All of this is costing a lot of money.

      Thanks for all the advice, I'll let you know how it all turns out.

      Comment


      • #18
        I am trying to put that close too. Will see what will happened ... I have herd judges do not like to put it it ... Kind of going against their own club or something ..
        I do not know

        Comment


        • #19
          I picked up my son on Monday and am sending him back to her tomorrow in accordance to our access schedule. I lost 4 out of 6 days I was to have with him but I am not going to keep fighting her on this. My lawyer sent her a letter stating that if this happens again in the future we will be seeking makeup time and move to the courts for a Break order with costs.

          I have asked my lawyer and the police repeatedly about enforcement clauses and they have said they are hard to get in the first place and hold no weight at all. I for one don't want to have the police showing up at either of our places as it's not healthy for the kids. I would rather collect proof of denials (ie. 3-5) and then move to the courts.

          From my research it seems that enforcement clauses are not taken seriously. The police are not going to get kids back and don't have the power to charge people as it's a family court matter.

          I hope she doesn't withold the kids again but I'm sure she will and I will be updating this post again in a weeks time.

          Comment


          • #20
            My rationale behind that close was that it will make both party to think twice before do not follow court order ....

            will see what judge will tell

            Comment

            Our Divorce Forums
            Forums dedicated to helping people all across Canada get through the separation and divorce process, with discussions about legal issues, parenting issues, financial issues and more.
            Working...
            X