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Best interest of the child

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  • Best interest of the child

    I am so confused with this whole system.......

    When does the court step in and hold the ncp accountable for their "lack" of actions? Summer visitation request date: come and gone, requests by me for this information, income tax disclosure date: come and gone, requests by me for this information. Parenting classes he was suppose to take in Aug 2007...never taken......Financial disclosure of his business and his work income (he claims he makes less than $26 000/yr) he has never provided the statements the court requested, life insurance policy with our daughter on it, he does not have one, but it is ordered by the court that he get one: Aug 2007. Our final order was Aug 2008.....and he was given 1 month to produce everything he hadn't. He didn't produce anything, and no one has followed up.......

    Should I go to court? My ex has now forfeited 20 plus times with his child this year, and yet I have to beg him to consider her and I moving away for her and I to live with friends and family and for a job which is a career improvement move?

    He would not even sign for her to have a passport until my father took it to his place of work and asked in front of his took 2 months to get him to sign it, for a that we could travel to Disney World, we missed the trip because he refused for so long and there was no time to go to court....but I have re-planned for this Christmas.
    (I really should have gotten the passport before planning the trip, but who is so irrational to not sign for a passport??? Live and learn I guess)

    Is it in the best interest of the child to go to a household that is emotionally and verbally abusive? (by the wife of my ex, denial of food, water, phone calls, even her children are not nice "bossy" and "threaten" to hurt my child)

    Is it in the best interest of the child to go to the household and be ignored? Half the time he drops her at his house and leaves to go workout....

    Why is that considered "best interest of the child?"
    Why did the child investigator visit once back in Dec 2007 for less than an hour and never follow up? Should she not be doing surprize spot checks, to make sure things are ok?

    My child does not want to go to that house. She is turning 6. She is very smart and she has expressed to him that she will run away from him if she can.
    I don't want her to run away while there, that is not safe at all...but it is so miserable there for her, and I can't do anything.

    Can she have a lawyer and argue to not have to go there?
    Anyone know of any court cases which deal with this sort of thing?

    Wouldn't, in this unique case, the best interest of the child, involve her contacting him when she feels like it via phone or her email? I thought it is the right of the child to have contact with both parents, not the right of the parent to have the child?

    I am are desperate to get her out of this mess. I have not expressed this to her though. To her, I encourage she go and make the best of the visit, saying "I am sure it will be fine this time" or "You can make your own fun, go and try".
    (as in other posts, visitation is every second Sunday 10am to Monday drop off at school...this was given after 1 year of supervised visitation and under the premise that he would complete parenting classes)

    I just don't know how to protect her and help her. Any suggestions would be appreciated, but I have to help her get out of these visits, before she does run away and worse happens.

    Thank you for reading.....I just have so many questions....this system needs to be fixed, desperately..........

  • #2
    You could file a contempt motion with respect to breach of judicial orders. However, because contempt is quasi criminal -- very few are successful in proving contempt of court orders as the standard of proof which the court relies upon is shifted to beyond a reasonable doubt rather than on the balance of probabilities.



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