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Old 12-29-2006, 06:45 PM
serrona serrona is offline
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Default Consent Order - Ex Not Complying Repeatedly

I recently had to haul my ex back into court to obtain a consent order for specified Christmas access. Prior to this, she was sporadically complying with the consent order, and at the last court visit, the judge wasn't too pleased with her.

Tonight I was supposed to see my son as per the recent consent order. Ex claimed that son did not want to come to see me and that she had some relatives over at her house, who had just gotten into town. ( This is why my son did not want to go - excited to see his out of town cousins, who are his age - note: they are in town for a week and he has pleantly of opportinity to spend time with them.

She keeps doing this kind of thing. She has been told that she has to limit our son's distractions when it is time for him to see me. And, the judge told her a week ago that she had to comply with the court order/comsent order. Since september, she has only complied about 40% of the time with the orders. At what point is the court going to step in and tell this woman that she cannot pick and choose the times when my son and I see each other? She continues to ignore the consent orders, and she keeps getting away with it! I am so frustrated!

Can someone tell me if eventually a judge is going to get strick with her? Or, will she be allowed to continue to make consent orders, and then not comply with them? At what point does a judge say enough is enough, and hold her in contempt? I ask, what's the point in a consent order if she doesn't comply with it 100%?

Thanks group. I hope everyone is having a good Christmas.
Old 12-30-2006, 12:20 AM
logicalvelocity logicalvelocity is offline
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Continue documenting the denials. You could bring forth a contempt motion, However, since contempt is quasi criminal, you would have to prove beyond a reasonable doubt that your child's access was denied deliberately.

Courts are definitely cracking down on a custodial parent's denial of their children's court ordered access and blatant disregard for court orders.

See the case of ROGERSON v. TESSARO
Where the mother continued to deny the children's access to their father and the trial Judge took away custody from the mother and gave it to the father. The appeal court affirmed the trial judges decision.

Another recent case see Moudry v. Moudry, 2005 CanLII 22220 (ON S.C.)

and appealed at Moudry v. Moudry, 2006 CanLII 33542 (ON C.A.)

and this case

J.S. v. J.W., 2005 ONCJ 329 (CanLII),

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