Community,
I have a motion upcoming next week, seeking expanded access to the children based on the OCL's disclosure.
As the motion is being heard next Wed (Dec 17), my understanding of the rules is that she needed to serve me yesterday, (as weekend days don't count as per rules).
So, I am thinking she is going to likely try and serve me somehow on the weekend when I pick up the children (its my access weekend). I am thinking of refusing service as she is late. Here is what could then happen:
1. She refuses to let me have the children for the weekend unless I accept service. I then must call police or leave without children.
or
2. She lets me have the children despite me not accepting service. Unlikely.
Fast forward to the day of the motion:
If I did not accept service on the grounds of not enough time then :
1. the Judge may adjourn. This would suck as then I don't have Christmas time with my children as this is part of the relief I am seeking.
OR
2. the Judge recognizes the repeated use of access to the children as a means of cohersion hears the motion, and slams STBX.
If I do accept service late, she has effectively provided me little to no time to review her response.
A little complicated, but any opinions as usual, are most welcome.
Best
I have a motion upcoming next week, seeking expanded access to the children based on the OCL's disclosure.
As the motion is being heard next Wed (Dec 17), my understanding of the rules is that she needed to serve me yesterday, (as weekend days don't count as per rules).
So, I am thinking she is going to likely try and serve me somehow on the weekend when I pick up the children (its my access weekend). I am thinking of refusing service as she is late. Here is what could then happen:
1. She refuses to let me have the children for the weekend unless I accept service. I then must call police or leave without children.
or
2. She lets me have the children despite me not accepting service. Unlikely.
Fast forward to the day of the motion:
If I did not accept service on the grounds of not enough time then :
1. the Judge may adjourn. This would suck as then I don't have Christmas time with my children as this is part of the relief I am seeking.
OR
2. the Judge recognizes the repeated use of access to the children as a means of cohersion hears the motion, and slams STBX.
If I do accept service late, she has effectively provided me little to no time to review her response.
A little complicated, but any opinions as usual, are most welcome.
Best
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