I have a quick question regarding my family case: the one involving my ex and our son.
As you might recall, she was convicted of the abuse, and has just finished serving her community sentence. She now wants to have access to our son. Our previous attempt at a settlement conference failed partly because of concerns about jurisdiction (the judge feels Ontario no longer has jurisdiction over the kids), as well as concerns about her stability (the internet chats with our daughter has not been very healthy, and the judge and I agreed on ongoing concerns about her emotional stability -- in fact the judge was very angry at some of the content she read). As a result, the order prohibiting access was not modified - the judge simply refused to make an order, and suggested that I handle the case in Michigan. But the problem is that because of the criminal conviction, she can't easily enter US without a lengthy application for a waiver. And the US courts are not so inclined to hear the case without the other party being present. So, it seems, to be fair, the case has to be heard in Canada. i still have to decide on the jurisdiction issue, and who pays for transportation for the court hearings, and eventual access to the kids.
In the meantime, she wants to have internet / phone charts. The conditional sentence order prohibited such access, unless modified by custody or access order. So now that she has finished serving the sentence, can she just have internet/phone access without such modification? I believe we still need to appear before a judge or at least have a consent order authorizing such access. She on the other hand seems to think that she can just have access without modification or that we can mutually agree on the modification and go ahead without the involvement of the courts. The other night, she called to speak to our daughter, and at the end of the conversation, wanted the phone to be given to our son.
I am wary of her position. While I am attempting to balance her needs as well as that of our daughter (who has clearly expressed a desire to chat/talk with her mother), I don't want to be in breach of an existing order. I therefore would be very grateful if you could shed some insights with me - partly with regard to what happens after the sentencing order is served, and access issues need to be tackled.
Thanks - Punda
As you might recall, she was convicted of the abuse, and has just finished serving her community sentence. She now wants to have access to our son. Our previous attempt at a settlement conference failed partly because of concerns about jurisdiction (the judge feels Ontario no longer has jurisdiction over the kids), as well as concerns about her stability (the internet chats with our daughter has not been very healthy, and the judge and I agreed on ongoing concerns about her emotional stability -- in fact the judge was very angry at some of the content she read). As a result, the order prohibiting access was not modified - the judge simply refused to make an order, and suggested that I handle the case in Michigan. But the problem is that because of the criminal conviction, she can't easily enter US without a lengthy application for a waiver. And the US courts are not so inclined to hear the case without the other party being present. So, it seems, to be fair, the case has to be heard in Canada. i still have to decide on the jurisdiction issue, and who pays for transportation for the court hearings, and eventual access to the kids.
In the meantime, she wants to have internet / phone charts. The conditional sentence order prohibited such access, unless modified by custody or access order. So now that she has finished serving the sentence, can she just have internet/phone access without such modification? I believe we still need to appear before a judge or at least have a consent order authorizing such access. She on the other hand seems to think that she can just have access without modification or that we can mutually agree on the modification and go ahead without the involvement of the courts. The other night, she called to speak to our daughter, and at the end of the conversation, wanted the phone to be given to our son.
I am wary of her position. While I am attempting to balance her needs as well as that of our daughter (who has clearly expressed a desire to chat/talk with her mother), I don't want to be in breach of an existing order. I therefore would be very grateful if you could shed some insights with me - partly with regard to what happens after the sentencing order is served, and access issues need to be tackled.
Thanks - Punda
Comment