"Reintroducing" access

[Exquizique]

In a situation whereby the non-custodial parent has not seen nor spent time with a child for a year, is it reasonable for the custodial parent to dictate that access must be supervised?

In general, under what grounds would there be a need for, or would a court order, supervised access? Who determines these grounds/how are such grounds determined?

[standing on the sidelines]

how old is the child? Why did NCP not see child for a year?? Unless there is a danger to the child there is no need for supervised access

[Gary M]

Is it reasonable? Given the info you've shared, no... definitely not.

Cheers!

Gary

[Exquizique]

Thanks Standing on the Sidelines and Gary!

how old is the child? Why did NCP not see child for a year?? Unless there is a danger to the child there is no need for supervised access

The child is 5. The main reason that NCP did not see child for a year is due to false charges being laid and prevented from being at matrimonial home while awaiting trial (all too familiar a story nowadays, unfortunately). CP is citing length of time away from child as grounds for supervised access.

So how is it determined whether there is a "danger to the child"? Is the CP in a position to make such a determination?

[fireweb13]

So just so I understand this. Custodial Parent makes false allegation and blocks non custodial parent from seeing their child for a year, now Custodial parent wants wants supervised access even though the Non Custodial parent was proven safe? I would go to court for missed access for that year that they were blocked from their child.

[NBDad]

Unless the NCP is a documented danger to the child, then no, it's not reasonable.

A better alternative would be to start slowly, a couple of hours at a time and gradually increase the access to where you both want it to be.

[Exquizique]

So just so I understand this. Custodial Parent makes false allegation and blocks non custodial parent from seeing their child for a year, now Custodial parent wants wants supervised access even though the Non Custodial parent was proven safe? I would go to court for missed access for that year that they were blocked from their child.

Essentially, yes. CP also tried to move away with the child without informing NCP during this time but a stern letter from NCP's lawyer put a stop to that ... for now.

[fireweb13]

Also agree with NBDad that the access will have to be slowly reintroduced.

[Exquizique]

Unless the NCP is a documented danger to the child, then no, it's not reasonable.

A better alternative would be to start slowly, a couple of hours at a time and gradually increase the access to where you both want it to be.

NCP would have no issues with gradual increase. The issue is with this "demand" for supervised access. Trying to determine whether opposing such a demand would be considered "unreasonable" in court given the circumstances.

[fireweb13]

Was there a court order before all this mess?

[Gary M]

Is the CP in a position to make such a determination?

No.

And... If what you're relating through this thread is all true, CP is well on the way to losing custody.

Cheers!

Gary

[fireweb13]

Can only hope Gary, remember where we live lol

[Gary M]

Can only hope Gary, remember where we live lol

Oops, I got caught up there in Dreamland for a bit... heh

Cheers!

Gary

[Exquizique]

Was there a court order before all this mess?

Nope, no court order. CP is "de facto" CP i guess just by the turn of circumstances. Currently in "negotiations" for a separation agreement, which is turning out to be quite the farce since all CP does is continually makes and repeats demands without any actual negotiation ...

Oops, I got caught up there in Dreamland for a bit... heh

Cheers!

Gary

Yeah, for a moment there the mind was wandering off to the Lalaland of Impossible Hopes and Dreams as well

[NBDad]

Find a family law lawyer who is experienced in this kind of crap. (Shop around).

Lay out a parenting plan that gradually increases parenting time over the course of 4-6 weeks until you arrive at 50-50 shared.

Kick the lawyer in the ass to get a hearing date asap based on this crap. You've tried to negotiate and she refuses to do so, get thee to court.

After you have a workable agreement, if the ex plays any more games you document the crap out of it, once you have 3+ instances of her breaking the order you file for contempt and request a custody change. Rinse and repeat as necessary until she either smartens up, or you get the change requested.

Willful denial of access for a year on charges that are proven to be false...that's custody on a silver platter right there.