Hello All.
I am a father from Kitchener Ontario. My ex-wife and I separated in May 2005 and we have two kids together (boys aged 9 and 7). After we split in 2005, she was arrested for assault against her new partner (the kids were in the house at the time). A year later her boyfriend was arrested for assault against her.
Obviously concerned for my kids’ safety, I took her to court and filed an emergency motion for temporary custody of my kids and won. This was because she refused to get the guy who beat her up out of her life. That was in Sept 2007. After a very lengthy battle in court, she finally proposed a settlement in Dec 2009. In return for my half of the house that had just been sold, she agreed to joint custody with ME having primary residential custody. She agreed to every other weekend and 2 nights per week access. The kids reside with me and attend school near our house.
Their mother lost her license for DUI back in 2006 and still does not have a license or car and has therefore not taken the kids once for a weekly overnight visit. Essentially she only sees them every other weekend during the school year (summers are split 50/50).
She is now making threats about taking me back to court to “get her kids back”. She is no longer with the person who beat her up. I know her motivation is purely financial in nature. I earn quite a decent salary and according to Ontario guidelines, she’d get quite a handsome support cheque every month. She has never been able to hold down a job and is currently on welfare. We know her motivation is financial as she signed away her rights to residential custody just for my half of the house.
I have three questions and hope you can help.
1) What is the likelihood that she’ll get the kids back living with her? The kids have lived with me since 2007 and my new spouse and I had a child at the same time who is now 3 years old. He knows no other life other than having his brothers here… surely that will count for something? We have also just welcomed our second son together (my fourth) and have a very happy and stable home. Does she have a chance at getting the boys back after three years? She has a welfare lawyer as well I believe.
2) I live in Kitchener and she lives in Mississauga. Our divorce settlement clearly states that “transportation will be shared 50/50” but she has barely shared this responsibility and refuses to provide transportation because she doesn’t have her lisence yet. She is always telling people how supportive her large family is but none of them are willing to help her out with transportation. It is quite a strain on me financially to go back and forth with drop off and pickup. What are my options for enforcing this?
3) She has lately taken to refusing to allow me to collect my kids on Sunday evenings but on Monday mornings instead before school. With her house being 70km from me, this is quite an inconvenience. Court order states pickup or drop off is 7pm Sunday night. She claims it is to make up for her lost time during the week. Can she do this? It is going against our agreement and I need to know what my options are.
<?xml:namespace prefix = o ns = "urn:schemas-microsoft-comfficeffice" /><o></o>Thanks for reading my long and involved story. Any help or advice you could give would be very much appreciated.
Thanks
James from Kitchener.
I am a father from Kitchener Ontario. My ex-wife and I separated in May 2005 and we have two kids together (boys aged 9 and 7). After we split in 2005, she was arrested for assault against her new partner (the kids were in the house at the time). A year later her boyfriend was arrested for assault against her.
Obviously concerned for my kids’ safety, I took her to court and filed an emergency motion for temporary custody of my kids and won. This was because she refused to get the guy who beat her up out of her life. That was in Sept 2007. After a very lengthy battle in court, she finally proposed a settlement in Dec 2009. In return for my half of the house that had just been sold, she agreed to joint custody with ME having primary residential custody. She agreed to every other weekend and 2 nights per week access. The kids reside with me and attend school near our house.
Their mother lost her license for DUI back in 2006 and still does not have a license or car and has therefore not taken the kids once for a weekly overnight visit. Essentially she only sees them every other weekend during the school year (summers are split 50/50).
She is now making threats about taking me back to court to “get her kids back”. She is no longer with the person who beat her up. I know her motivation is purely financial in nature. I earn quite a decent salary and according to Ontario guidelines, she’d get quite a handsome support cheque every month. She has never been able to hold down a job and is currently on welfare. We know her motivation is financial as she signed away her rights to residential custody just for my half of the house.
I have three questions and hope you can help.
1) What is the likelihood that she’ll get the kids back living with her? The kids have lived with me since 2007 and my new spouse and I had a child at the same time who is now 3 years old. He knows no other life other than having his brothers here… surely that will count for something? We have also just welcomed our second son together (my fourth) and have a very happy and stable home. Does she have a chance at getting the boys back after three years? She has a welfare lawyer as well I believe.
2) I live in Kitchener and she lives in Mississauga. Our divorce settlement clearly states that “transportation will be shared 50/50” but she has barely shared this responsibility and refuses to provide transportation because she doesn’t have her lisence yet. She is always telling people how supportive her large family is but none of them are willing to help her out with transportation. It is quite a strain on me financially to go back and forth with drop off and pickup. What are my options for enforcing this?
3) She has lately taken to refusing to allow me to collect my kids on Sunday evenings but on Monday mornings instead before school. With her house being 70km from me, this is quite an inconvenience. Court order states pickup or drop off is 7pm Sunday night. She claims it is to make up for her lost time during the week. Can she do this? It is going against our agreement and I need to know what my options are.
<?xml:namespace prefix = o ns = "urn:schemas-microsoft-comfficeffice" /><o></o>Thanks for reading my long and involved story. Any help or advice you could give would be very much appreciated.
Thanks
James from Kitchener.
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