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  • Help - case law on maintaining access schedule while assessment in process

    Guys, I need your help. I'm sure I have read in here some case law on maintaining current access arrangements until a trial can be heard with all of the information being before the judge. I am awaiting a section 30 assessment which is taking longer than expected and suspect a motion is in the works for a change to the temporary order until an assessment is complete and trial is held. I'm schedule for exit pretrial tomorrow but trial will likely be delayed because of the assessment being incomplete.

    I'm dealing with an ex who abused me, breached all kinds of orders repeatedly, recently pled guilty to harassement, has forged bank documents in the hopes of increasing equalization payment as well as lied his pants off at any opportunity to better himself OR to demean me, has been violent towards me and family members in front of the child, has terrorized me relentlessly for 3 years, appears to be attempting to indoctrinate the child (parental alienation, keeping him away from other children so he can "talk" to him etc.), has threatened suicide on multiple occassions and has indirectly threatened to abduct the child. I am scared as hell of him expanding access until a professional has assessed the entire situation (a huge task) and tells me there are no risks.

    Sorry, this got longer than I expected. If anyone can point me to something for my court date tomorrow, I would very much appreciate it!

    THANKS!!!

  • #2
    Originally posted by Mominneed View Post
    Guys, I need your help. I'm sure I have read in here some case law on maintaining current access arrangements until a trial can be heard with all of the information being before the judge. I am awaiting a section 30 assessment which is taking longer than expected and suspect a motion is in the works for a change to the temporary order until an assessment is complete and trial is held. I'm schedule for exit pretrial tomorrow but trial will likely be delayed because of the assessment being incomplete.
    JLM v PDAB, 2012 ONSC 4696 (CanLII)
    Date: 2012-08-16
    Docket: F1285/05
    URL: CanLII - 2012 ONSC 4696 (CanLII)
    Citation: JLM v PDAB, 2012 ONSC 4696 (CanLII)

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    • #3
      Thanks - Tayken! That was super fast - hope it helps me with my arguments to keep status-quo for now!

      Comment

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