Announcement

Collapse
No announcement yet.

Status Quo?

Collapse
This topic is closed.
X
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Status Quo?

    Ok here is the situation....... mother has had son 70% of the time, father 30%. The situation has been in place since June 2004. Neither parent get along, either with each other, or people around them. Father's family is actively involved and very negative to mother, even in front of child. Father is asking for 50 - 50 custody as he wants equal time with the child as the mother has. Both are going to trial and are asking for sole/full custody. Father has offered this as early as last week. Mother will not except anything other then sole/full. Mother claims abuse, controlling and otherwise no positive sommunication with father. Father denies all accusations. A child's lawyer is involved, she has apparently taken the side visibly with the father. A judicator is also now involved as the Child's Lawyer is now not able to appear in court for the child because of her personal views on the case. Mother will agree to status quo if not able to get full/sole custody. Father will not agree to this.
    My question is this..... When going to a trial for custody, will a Judge change the staus quo after such a lengthy time? These two people would not agree the sky is blue let alone anything that concerns the child. Showing that they do not get along whatsoever, they do not communicate at all. So how is it that all parties involved from other sources are asking for 50-50 and a parenting plan? How can these people be forced to be proper parents and put this child first?
    If you have any case files on this or comments, please let me know.
    Thanks

  • #2
    Lisa,

    Interesting scenario.

    As you mentioned,

    mother has had son 70% of the time, father 30%. The situation has been in place since June 2004.
    Is there a court order or separation agreement in place delegating this current regime of the child?

    Neither parent get along, either with each other, or people around them. Father's family is actively involved and very negative to mother, even in front of child.
    Thats not uncommon for two parents to get along post separation. If they did, most likely they would not be separated today. If extended family are negative in regards to the mother in front of the child, does question the benefit to the child to have such a relationship. Courts do not condone this conduct. This has to stop as it is abuse to the child.

    Father is asking for 50 - 50 custody as he wants equal time with the child as the mother has. Both are going to trial and are asking for sole/full custody.
    In Ontario, Incidents of custody are determined by applying the broad best interest of the child test. Until an order from the court or a separation agreement is in place providing otherwise; Both parents have coextensive custody of the child.

    Father has offered this as early as last week. Mother will not except anything other then sole/full. Mother claims abuse, controlling and otherwise no positive communication with father. Father denies all accusations.
    The onus is on the mother to prove her allegations of abuse, control and no communication. However, on the face of it, currently a 70-30 regime in place which somewhat contradicts the claim. What I mean is there must be some form of cooperation and communication going on as the child has been successfully maintaining a relationship with both parents. Because one party professes a dislike for a joint custody regime is not a sufficient reason to deny same.

    A child's lawyer is involved, she has apparently taken the side visibly with the father. A judicator is also now involved as the Child's Lawyer is now not able to appear in court for the child because of her personal views on the case.
    Has a parental assessment been completed? Generally courts give great weight on such recommendations. Most of these assessment are quit extensive and includes collateral interviews. However, it is not absolute that a court will follow such recommendations. The discretion still rests with the court for determining incidents of custody by applying the best interest test.

    Mother will agree to status quo if not able to get full/sole custody. Father will not agree to this.
    If there is no court order or no separation agreement in place providing otherwise; The status quo is that Both parents have coextensive custody of the child.

    My question is this..... When going to a trial for custody, will a Judge change the status quo after such a lengthy time?
    Generally the courts do not interrupt the status quo if everything is going well for the child. A sole custody regime to either parent now would be a drastic change for the child.

    These two people would not agree the sky is blue let alone anything that concerns the child. Showing that they do not get along whatsoever, they do not communicate at all.
    In Parallel Parenting regimes, no communication is required as the court delegates that the parent makes the decision for the child when same is in their care. For example, See the attached case Kaemmle v. Jewson, 50 R.F.L. (3d) 70 , before Salhany J.

    A not too fine calibrated scale should be used to determine cooperation and communication between the parties; After all they are estranged.

    See this case which referred to Kaplanis OCA. J.B. v. A.B., 2006 CanLII 12294 (ON S.C.), http://www.canlii.org/on/cas/onsc/20...onsc10823.html

    lv
    Attached Files

    Comment


    • #3
      Logical Velocity,

      Thanks for your input. There is a court order in place from June 2004 stating that the parents have shared custody as well as in the same document stating when the child is with mother 70% and father 30%. They have gone and completed an assessment, to which it was not completed correctly and mother has had another psychologist critique this. No collaterals were ever interviewed or questioned throughout. The mother has had the child attend with another psychologist for counselling, the father refused to do so, stating that he would not pay for this. The child is now going to the Rainbow's Program in his area. The father also refuses to take the child to this.
      There has been numerous court dates that have come and gone, neither has gotten any farther from when they started. Also, the other element is that the father refuses to promote access to the child's half brothers during his access time. It is felt by the mother that this is very important to maintain. I conquer. The abuse has been seen and mentioned numerous times during court proceedings. The father and his family continue to do as they please without regard for anyone but themselves.
      There is now a Child's lawyer involved, and a judicator. The situation that they are in at the moment has been working because it is geared to the mother's schedule for work. The had tried 50-50 access last summer, it was horrible! The children began to resent each other, the did not see each other often as a result of that situation and more conflict arosed between mother and father. The father refuses to buy the necessities of life for the child. He feels that because the mother makes more then he, that she is solely responsible for it. To date he has not made any effort to pay the ordered amount of child support. It is felt that he is only going to sole custody because of financial reasons, and he has also picked now to ask for spousal support. Something he did not ask for since the beginning.
      So my question still remains the same, what are the chances that the current custody arrangement will be changed. I know the mother will infact be able to provide more then enough evidence of abuse. The father on the other hand will not be able to dispute any of it. It is documented with the local police in their area, not just with her, but also from myself.
      I know that in a perfect world, we would all do what is most important and in the best interest of the child. It is my opinion however, from stats that I have seen and also from people that I have met, that a 50-50 custody arrangement does not work. The children themselves do not know where to call home, and eventually will make the decision themselves later as to where they are to be. They do not live in the same town, they have not in many years had any positive communication between them. Every effort the mother has made for the child to better him and so forth, the father has gone out of his way to stop or disregard it. The father is not supportive of what the child wants or needs. It is a mess, and at this point, the child is the one who is losing the most. I fear more for him then any other.

      Thanks Lisa

      Comment


      • #4
        Lisa,

        as you mentioned,

        There is a court order in place from June 2004 stating that the parents have shared custody as well as in the same document stating when the child is with mother 70% and father 30%.
        Was this a consent order or an interim order from the court based on affidavit evidence?

        They have gone and completed an assessment, to which it was not completed correctly
        I am not clear as to the reason why it wasn't completed correctly.

        mother has had another psychologist critique this.
        This is somewhat problematic; Unless both parties had input into the selection of this second psychologist scrutinizing the first assessment report their recommendation could be seen as bias.

        No collaterals were ever interviewed or questioned throughout.
        It is not mandatory when completing a parental assessment to complete collateral interviews with third parties.

        The mother has had the child attend with another psychologist for counseling, the father refused to do so, stating that he would not pay for this.
        Both parents should have input to the selection of the relevant professional or the need of such if both parents are expected to contribute to the cost of said expense.

        The child is now going to the Rainbow's Program in his area. The father also refuses to take the child to this.
        I'm not clear on the mandate of this program but have a few ideas. I am a big fan of community based programs as I attend a number of them in the past (parenting programs). To me they were very beneficial.

        There has been numerous court dates that have come and gone, neither has gotten any farther from when they started.
        Thats not uncommon for matters to drag on for months, years in the courts.

        Also, the other element is that the father refuses to promote access to the child's half brothers during his access time. It is felt by the mother that this is very important to maintain. I conquer.
        I agree. The access time belongs to the child and if they want to attend a friends or other relative, it should occur. A child will come to resent the parent who denied the opportunity or relationship.

        The abuse has been seen and mentioned numerous times during court proceedings. The father and his family continue to do as they please without regard for anyone but themselves.
        Get the witness's who observed such conduct to complete and file their own affidavit on what they observed into this conduct. However, if they do complete same, they could be cross examined on their affidavits.

        There is now a Child's lawyer involved, and a judicator.
        That is good as the children's lawyer will be representing the child's best interest.

        The situation that they are in at the moment has been working because it is geared to the mother's schedule for work. The had tried 50-50 access last summer, it was horrible!
        This statement alone somewhat demonstrates that historic cooperation is occurring.

        The children began to resent each other, the did not see each other often as a result of that situation and more conflict arosed between mother and father.
        Children should be allowed to have meaningful relationships with their siblings. It is irrelevant if they are half siblings. Bottom line is that there are still family. Mom and Dad both need to accommodate the children for this to occur regardless if the child is with mom or dad. Flexibility is the key to a happy child.


        The father refuses to buy the necessities of life for the child. He feels that because the mother makes more then he, that she is solely responsible for it. To date he has not made any effort to pay the ordered amount of child support.
        Not following court orders especially support orders will not look good on their ability to co-operate.

        It is felt that he is only going to sole custody because of financial reasons,
        Perhaps. But this is a weak argument. The same allegation could be said to either party as their main reason for asking for sole custody or maintaining a 70-30 regime. It does not matter why a parent wants custody as the best interest test which the court must apply will govern the outcome.

        he has also picked now to ask for spousal support. Something he did not ask for since the beginning.
        If their original application, answer or reply never contained the claim of spousal support, they must of brought forth an amendment to their pleadings to include such claim. Usually this is done on motion. It does not matter if such latter claim is a surprise to the other party.

        So my question still remains the same, what are the chances that the current custody arrangement will be changed. I know the mother will infact be able to provide more then enough evidence of abuse. The father on the other hand will not be able to dispute any of it. It is documented with the local police in their area, not just with her, but also from myself.
        It will be a roll of the dice on which way the Judge will rule. Generally status quo prevails. However, a child's needs change over time.

        I know that in a perfect world, we would all do what is most important and in the best interest of the child. It is my opinion however, from stats that I have seen and also from people that I have met, that a 50-50 custody arrangement does not work. The children themselves do not know where to call home, and eventually will make the decision themselves later as to where they are to be.
        I disagree as I speak from my own experience that having a 50-50 shared regime for the last 7 years in place. Its been successful and the result is that our child is happy. I admit it has been a lot of work and respect on both our parts as parents. Our child is fully aware of his schedule, and where his home is. He does very well in school at the academic level. I attribute flexibility as a key to our success and to remain child centered.

        They do not live in the same town, they have not in many years had any positive communication between them. Every effort the mother has made for the child to better him and so forth, the father has gone out of his way to stop or disregard it.
        Not living in the same geographic location makes a 50-50 shared regime difficult. As you mentioned they have communication problems and a power/control struggle in regards to the child.

        The father is not supportive of what the child wants or needs. It is a mess, and at this point, the child is the one who is losing the most. I fear more for him then any other.
        I agree. Both parents need to take the time and communicate with one another whether its a joint, shared, parallel or sole regime. There are many ways to communicate other than in person or over the phone. Email or a communication journal are some other options available to them. Bottom line is this child is only going to be a child for so long and will remember their child hood and what their parents did or did not do.


        lv
        Last edited by logicalvelocity; 02-26-2007, 12:25 AM.

        Comment


        • #5
          LV,

          Thanks again! It is an interim order that the are following at this time. And yes it was a result of affidavit material from the mother's side. The father did not agree and has had trouble with that since day one because he feels that he is accomodating the mother.
          As far as the critique and assessment, it was done by order of the courts. The woman that completed this assessment had made numerous assumptions in the document that she did not hear, see, or investigate. It was mostly father sided, as he was also the one that would call her on a regular basis. It was felt by the lawyer and the other psychologist that she was not making her facts and opinions on a bias nature. Only the mother was the one who wanted the critique done because of the nature of the document. When the critique came back he concurred that it was no completed properly and felt the first one had overstepped and started to act as a mediator rather then psychologist. It has been admitted into court by the Judge.
          Rainbows is a program for children up to the age of 15. It is children talking to children about their feelings and such. A support group for children dealing with divorce, loss of loved ones, etc. It is a very good group and it has helped him immensely. The father does not feel that the child needs this kind of support and feels that he should get it from him rather then strangers.
          All of whom have witnessed abuse have filed affidavits to the same and are willing to testify on the mother's behalf. I am glad to see that you and your ex wife were able to make a 50-50 arrangement work for your child. I can honestly tell you that I do not think that it would work in this case. He is used to the arrangement that is in place right now, and another disruption in his life would not seem fair. He is sad all the time, does not want to go to school, his behaviors are changing so fast it is scarey. Unfortunately he is hearing and seeing too much for a young child to hear. The father has put him in a position that he is fearful to say what and how he really feels. When the mother has called to speak to him when he is in his father's care, the father's family members tell her that he is not there (when he is) and do not give him the message. This has been an ongoing situation. Yet the father will call almost everyday and expect to speak to the child when he is with the mother. The calls/messages always go through and the mother leaves it up to the child as to whether he wants to talk or return the calls. The father has also tried to force the mother to allow the child to speak to him as well via the internet, whether she is home or not. The mother refused unless she was home, because after checking his email she found the father was making the child also use the webcam. She felt for his safety and with it being her responsiblity that it was not a safe practice unless she was home.
          I realize that these things can and do go on forever in the courts. I just do not see this as being the end, even with a decision from the courts, I know it will be appealed and appealed again. There will be more things brought up at every turn, and the child is going to be miserable. The child has told me that the reason is also asking for 50-50 is because he does not want to choose between his parents. I told him that he doesn't have to. He loves them both equally as he should, but his problem is that he knows someone is going to be hurt and he does not know how to deal with that either. He wants a family, home and all the stuff all other kids want. He does not want his parents together, he knows it would never happen. It's just sad. I just prayer that it is over soon, for all of them.

          Thanks again LV!

          Comment


          • #6
            Lisa,

            As you mentioned,

            It is an interim order that the are following at this time. And yes it was a result of affidavit material from the mother's side. The father did not agree and has had trouble with that since day one because he feels that he is accommodating the mother.
            It is well known that interim orders gives a party a tactical advantage at trial. However, It is also known that interim orders are one of the weakest stances to base a final custody adjudication. Interim affidavits are seldom scrutinized and individuals are not cross examined. The recent trend in a climates of contradictory evidence in the interim is that the courts appear to leave the issue of custody for the trial judge. The benefits of trial can yield the court the opportunity to observe the parties, ask questions etc. What carries more weight at trial is the demonstrated effort of a parent in the interim in the ongoing responsibilities of a child. From what you mentioned, the fathers conduct in the interim does question his ability to parent the child effectively.

            As far as the critique and assessment, it was done by order of the courts. The woman that completed this assessment had made numerous assumptions in the document that she did not hear, see, or investigate. It was mostly father sided, as he was also the one that would call her on a regular basis. It was felt by the lawyer and the other psychologist that she was not making her facts and opinions on a bias nature. Only the mother was the one who wanted the critique done because of the nature of the document. When the critique came back he concurred that it was no completed properly and felt the first one had overstepped and started to act as a mediator rather then psychologist. It has been admitted into court by the Judge.
            I see your point, However the secondary psychologist expert opinion could be seen as bias if both parties did not have input into the selection of same.

            See the apparently "non-existent" OCL Social worker guidelines for completing parenting assessment. Might be helpful

            http://www.canadacourtwatch.com/lega..._documents.htm

            and the "non-existent" down loadable guide in pdf format can be found here

            http://www.canadacourtwatch.com/lega...ssessments.pdf

            Rainbows is a program for children up to the age of 15. It is children talking to children about their feelings and such. A support group for children dealing with divorce, loss of loved ones, etc. It is a very good group and it has helped him immensely. The father does not feel that the child needs this kind of support and feels that he should get it from him rather then strangers.
            I am a big fan of community based programs. You can never learn enough. It appears that the father is narrowed minded. If the child wants to attend, then it should be supported. The program would have other benefits to the child such as interaction of peers discussing issues.

            All of whom have witnessed abuse have filed affidavits to the same and are willing to testify on the mother's behalf.
            I do suspect that they may have to especially if the father is rebutted the allegations.

            He is used to the arrangement that is in place right now, and another disruption in his life would not seem fair. He is sad all the time, does not want to go to school, his behaviors are changing so fast it is scarey.
            Perhaps there is more going on with this child other than the issue of custody.
            How old is this child?

            The father has put him in a position that he is fearful to say what and how he really feels.
            It is unfortunate that this is occurring.

            When the mother has called to speak to him when he is in his father's care, the father's family members tell her that he is not there (when he is) and do not give him the message. This has been an ongoing situation. Yet the father will call almost everyday and expect to speak to the child when he is with the mother. The calls/messages always go through and the mother leaves it up to the child as to whether he wants to talk or return the calls. The father has also tried to force the mother to allow the child to speak to him as well via the internet, whether she is home or not. The mother refused unless she was home, because after checking his email she found the father was making the child also use the webcam. She felt for his safety and with it being her responsiblity that it was not a safe practice unless she was home.
            A agree that the mother's position is reasonable. Internet safety is paramount. If the father and their family is not relaying the messages to the child, then this does question their ability to parent the child effectively. A simple solution to this may be that either parent may call the child at specified times and or the child may call the parent when they desire to do so.

            I realize that these things can and do go on forever in the courts. I just do not see this as being the end, even with a decision from the courts, I know it will be appealed and appealed again. There will be more things brought up at every turn, and the child is going to be miserable. The child has told me that the reason is also asking for 50-50 is because he does not want to choose between his parents. I told him that he doesn't have to.
            Family law proceedings can wreck havoc on a child's emotional well-being. Final custody adjudications are to occur within 6 months of the application. See the Children's Law Reform Act R.S.O. 1990 c. C.12, Section 26(1) as listed:

            http://www.e-laws.gov.on.ca/DBLaws/S...c12_e.htm#BK23
            Delay

            26. (1) Where an application under this Part in respect of custody of or access to a child has not been heard within six months after the commencement of the proceedings, the clerk or local registrar of the court shall list the application for the court and give notice to the parties of the date and time when and the place where the court will fix a date for the hearing of the application. R.S.O. 1990, c. C.12, s. 26 (1).


            He loves them both equally as he should, but his problem is that he knows someone is going to be hurt and he does not know how to deal with that either. He wants a family, home and all the stuff all other kids want. He does not want his parents together, he knows it would never happen. It's just sad. I just prayer that it is over soon, for all of them.
            Hopefully the issues will be resolved shortly and everyone concerned can put this behind them.

            lv

            Comment


            • #7
              LV,

              The child is 11 years old and will be 12 this year. As you stated, both parties did not have input into the critique and I am sure that the father is probably going to have the critique critiqued. Again I must say.. it is ongoing and never ending on either side. The Rainbow's Program is an excellent way for kids to talk about their situation because it is with other kids and their feelings are validated along with being understood by others his age.

              I believe that there is more. Although when he does talk, it is mostly that he is mad and upset that his parents are still fighting and that he does not know what is going to happen. His father will say things to him prior to court dates and tell him that he will be living with him soon. Then when this does not happen, he is mad and confused because he does not know which way is which. The relationship with his father is also a very stressful one. When he goes to the father's for access, he is questioned non stop as to where he and his mother have gone, who they were with, etc. There have been numerous times that the child was given trouble and punishment for him being with his half brothers, myself and boyfriend. The father absolutely hates this person for no real reason. He is furious because we have many activites that we involve the child and mother into. The father feels that if he is not allowed to partake in these activities then the child is not allowed either. When the ski doo accident happened a couple of weeks ago, the father called me to find out if it had been my boyfriend or not. When he was told no it was not, he was not relieved. Went on to say that the machines are a death waiting to happen, and told me that I was not allowed to have the child involved in any of our activities again. I hung up. With regards to the death, it was a relative, one of our sons were there and witnessed this. When the child went to his father's he was "grilled" for information, to which he told him that he did not want to talk about it. The mother made every effort to bring the child here to see and be with his brothers during this time. It meant everything to them. The father has not made any attempt since to speak to his other children here. My boyfriend so you know, is a man that I have been friends with for more then 18 years now. The children call him "dad" and are very well adjusted. They are normal teenagers, with the teen age brain and all. They love their little brother and want to spend the time with him as much as they can. The father has been called to accomodate this numerous times, to which he flat out refuses to do. The father also feels that the way he treats these two children should have no bearing on his fight for custody of the other one. I completely disagree. This is a man that has no regard for these children, still does not. He feels that in order for him to give them respect they have to show it to him first. This will never happen. He does not realize nor will he, that he is the parent and as such needs to act as one.

              Do you think that his behavior and treatment of his other two children will have any bearing in court? I know that last Judge had said that there is no reason whatsoever that the father is not accomodating this relationship. The other children are well behaved, not in any trouble with the law, never have been. They are compassionate, and caring. They are also hurt by what this father has done. With the fact that they are older, no Judge will make an order on them because as we were told, it cannot be enforced on teenagers.


              As for the internet thing, it was the Children's Lawyer that wrote a letter to the mother advising her to allow this kind of communication with the father. There has been no response to the mother stating NO when she is not home whatsoever.

              Another question I have.... sorry! The father is living with his ailing parents and the child on more then one ocassion has seen them taken from the home via ambulance. The father is saying that it would be better for the child to live in his home because his parents are there to care for him when the father is not able to. Being a Nurse I know and have seen children who are watching traumatic events happen. It is not always good. I am concerned that it could be worse one of these times, and the child may be there to witness this. My one son is still having nightmares and a hard dealing with being a witness to a death, watching CPR being done, and having to give a statement to Police. We have him seeing a crisis counselor and although it is helping, it is still very hard. Would this situation not be seen as a bad thing on the father's part, or would it not really be taken into consideration?

              Again LV, thank you for all your input into this, you are very helpful!

              Lisa

              Comment


              • #8
                Lisa,

                as you mentioned,

                The child is 11 years old and will be 12 this year.
                The child is old enough to realize what is going on; That being caught in the cross fire between the parents. Life is tough enough for a kid these days without having to go through this.

                No one should not be discussing adult court issues with this child. This just puts undue stress upon him.

                When he goes to the father's for access, he is questioned non stop as to where he and his mother have gone, who they were with, etc. There have been numerous times that the child was given trouble and punishment for him being with his half brothers, myself and boyfriend. The father absolutely hates this person for no real reason. He is furious because we have many activites that we involve the child and mother into. The father feels that if he is not allowed to partake in these activities then the child is not allowed either.
                It appears that the father's interrogation in the interest of the child's other activities may be motivated by trying to dig up skeletons to use against the other parent in court rather than actually have an interest in what the child is involved with. Children are smart and will see the motivation behind the questions. I do suspect that if it continues the child will come to resent the interrogation and may dread even spending time with their parent for this reason alone.

                I do believe that the father's conduct in maintaining a relationship with the older children could very well be brought into the equation. I'm not sure how much weight the court would give to this fact However, past conduct as a parent is relevant to the issues at hand. As you described, he does not appear to be too committed to these older children.

                Even the children's lawyer social worker cannot make a demand. They can make a recommendation on the INTERNET communication However, I believe the mother's position on this issue is reasonable to limit this to a time that it can supervised by an adult.

                In regards to the ailing grandparents living in the fathers home; It is difficult to even guess how much weight the court would apply to this situation. The courts do have to consider whom is living in the home and any proposed plans of care as this is part of the best interest criteria.

                lv

                Comment


                • #9
                  as you mentioned,



                  The child is old enough to realize what is going on; That being caught in the cross fire between the parents. Life is tough enough for a kid these days without having to go through this.

                  No one should not be discussing adult court issues with this child. This just puts undue stress upon him.

                  I agree. There is far too much that this child is hearing and seeing and he should not be. The father in this case does not seem to care what the courts have told him to date, and he continues this no matter what he is told.

                  It appears that the father's interrogation in the interest of the child's other activities may be motivated by trying to dig up skeletons to use against the other parent in court rather than actually have an interest in what the child is involved with. Children are smart and will see the motivation behind the questions. I do suspect that if it continues the child will come to resent the interrogation and may dread even spending time with their parent for this reason alone.

                  He has tried that several times. But because there is nothing going on that would ever be considered as bad. He has gotten no where. The child is already stating that he is tired of it, and knows very well what his father is doing. He is tired of the interrogations and has asked him to stop. The father still continues. And when the child has to go to his father's home, he usually displays anxiety. He does not look forward to his time with him like he once did. He wants to spend time with him, but wants it to be better. When the child is in his father's care the highlight of their interaction is done either watching hockey on tv, or playing video games. When in the care of his mother, we often plan outings for all of us to do or go. He enjoys all the time that is spent with us, as we take him boating, out on the 4 wheelers, or up to the cottage. He like the cottage the best because he knows his father does not know where it is. We also do dinners and sleepovers regularly so the kids can interact.

                  I do believe that the father's conduct in maintaining a relationship with the older children could very well be brought into the equation. I'm not sure how much weight the court would give to this fact However, past conduct as a parent is relevant to the issues at hand. As you described, he does not appear to be too committed to these older children.

                  My question and concern that I have brought up to the Child's lawyer was that what is going to happen when this child finally allows his voice to be heard and the father does not like what he has to say? What if his reaction to this is to treat him the same as he does the other two? She did know how to respond other then to say, that she hopes that will not be the case.

                  Even the children's lawyer social worker cannot make a demand. They can make a recommendation on the INTERNET communication However, I believe the mother's position on this issue is reasonable to limit this to a time that it can supervised by an adult.

                  This is one of the reasons she is not able to appear in court on the child's behalf. Along with numerous others. I also strongly agree with the mother on this issue.

                  In regards to the ailing grandparents living in the fathers home; It is difficult to even guess how much weight the court would apply to this situation. The courts do have to consider whom is living in the home and any proposed plans of care as this is part of the best interest criteria.

                  I hope that it is all done properly then. Thank you again, your input is very helpful and insightful.

                  Lisa

                  Comment

                  Our Divorce Forums
                  Forums dedicated to helping people all across Canada get through the separation and divorce process, with discussions about legal issues, parenting issues, financial issues and more.
                  Working...
                  X