Just one of many issues in my divorce proceedings, but the most pressing at the momement.
In the process of getting a divorce, our daughter (age 10) lives with my wife and we are awaiting the findings of an OCL clinical investigation as ordered by the court to determine custody & mobility issues.
Long story short: In August, my wife has me arrested on accusation of assault (she claims took place in May, then claims took place in February) resulting in a me being released on bail, conditions include no direct/indirect contact, stay 500 meters away from home, the "usual" I take it. She then files for divorce and obtains numerous ex-parte motions including a restraining order against me duplicating the conditions of my bail, but also adding no direct/indirect contact with my daughter.
We go to court in September, I obtain supervised access (via mutually agreed upon 3d parties) with my daughter every Saturday (10:00AM-4:00PM). Pick-ups & drop-offs conducted by 3rd parties due to 500 meter restriction.
In November, we're back in court, I obtain revised access, unsupervised, every Saturday from 10AM-8:30PM, with me picking up our daughter from their residence. Her lawyer argued that I should not be allowed to pick up from the home based on her clients fear and the existing restraining orders, but the judge decided otherwise - the new order (Superior court btw) modifies existing restraining orders & recognisance so that I am not in breach with the pick-ups & drop-offs. I ring the doorbell, stand curb-side, she opens the door, our daughter comes out. We do not speak. Drop offs are done in the same fashion. This has been in place for almost 3 months without incident.
All this was done while I was able to retain a lawyer. Which is no longer the situation - 5 months and $20,000 later, I had to let him go as I can no longer afford to keep him on - and there haven't even been a case conference as of yet.
She is now moving in less than 10 days, and her lawyer is refusing to give me the new address to pick my daughter up from, insisting that pick-ups and drop-offs will now be in a public location. She is justifying this by stating her client is entitled to her "privacy" and is concerned about her safety (she has claimed this from day one). I have had zero contact with her apart from the pick-ups and drop-offs stated above.
My position is that as the order specifically states pick-ups & drop-offs are to be done at the home and does not reference the prior address specifically, that the order stands and it should continue to be such. As well, do I not have the right to know where our daughter is living regardless ?
So - do I press her for the address stating the above, and if so, what are my options if she refuses to give me the address regardless?
Also, do I run into any legal ramifications by agreeing to pick-up my daughter in a public place (as in her then using that to establish some sort of "status quo")?
Any help or advice would be greatly greatly appreciated.
In the process of getting a divorce, our daughter (age 10) lives with my wife and we are awaiting the findings of an OCL clinical investigation as ordered by the court to determine custody & mobility issues.
Long story short: In August, my wife has me arrested on accusation of assault (she claims took place in May, then claims took place in February) resulting in a me being released on bail, conditions include no direct/indirect contact, stay 500 meters away from home, the "usual" I take it. She then files for divorce and obtains numerous ex-parte motions including a restraining order against me duplicating the conditions of my bail, but also adding no direct/indirect contact with my daughter.
We go to court in September, I obtain supervised access (via mutually agreed upon 3d parties) with my daughter every Saturday (10:00AM-4:00PM). Pick-ups & drop-offs conducted by 3rd parties due to 500 meter restriction.
In November, we're back in court, I obtain revised access, unsupervised, every Saturday from 10AM-8:30PM, with me picking up our daughter from their residence. Her lawyer argued that I should not be allowed to pick up from the home based on her clients fear and the existing restraining orders, but the judge decided otherwise - the new order (Superior court btw) modifies existing restraining orders & recognisance so that I am not in breach with the pick-ups & drop-offs. I ring the doorbell, stand curb-side, she opens the door, our daughter comes out. We do not speak. Drop offs are done in the same fashion. This has been in place for almost 3 months without incident.
All this was done while I was able to retain a lawyer. Which is no longer the situation - 5 months and $20,000 later, I had to let him go as I can no longer afford to keep him on - and there haven't even been a case conference as of yet.
She is now moving in less than 10 days, and her lawyer is refusing to give me the new address to pick my daughter up from, insisting that pick-ups and drop-offs will now be in a public location. She is justifying this by stating her client is entitled to her "privacy" and is concerned about her safety (she has claimed this from day one). I have had zero contact with her apart from the pick-ups and drop-offs stated above.
My position is that as the order specifically states pick-ups & drop-offs are to be done at the home and does not reference the prior address specifically, that the order stands and it should continue to be such. As well, do I not have the right to know where our daughter is living regardless ?
So - do I press her for the address stating the above, and if so, what are my options if she refuses to give me the address regardless?
Also, do I run into any legal ramifications by agreeing to pick-up my daughter in a public place (as in her then using that to establish some sort of "status quo")?
Any help or advice would be greatly greatly appreciated.
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