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-   -   Easter access denied (https://www.ottawadivorce.com/forum/showthread.php?t=17429)

paco 04-18-2014 06:35 PM

Easter access denied
 
My x just denied access for this weekend Easter breaching the court order. I called the cops to enforce my access but they told me that the order has to be "police enforceable" in order to come and to enforce the access order. Now I'm sitting and thinking how this could be possible, what can I do now? How can I record this incident for my next SC/TMC conference if there is no occurrence report from police? :(

Rioe 04-18-2014 06:37 PM

Quote:

Originally Posted by paco (Post 169076)
My x just denied access for this weekend Easter breaching the court order. I called the cops to enforce my access but they told me that the order has to be "police enforceable" in order to come and to enforce the access order. Now I'm sitting and thinking how this could be possible, what can I do now? How can I record this incident for my next SC/TMC conference if there is no occurrence report from police? :(

You print the email she wrote dictating that there would be no access.

You send her an email repeating that it is your time with the children and you intend to pick them up as scheduled, and keep her reply.

You go pick them up as scheduled, and if they are not where they are supposed to be, you buy something from a nearby store and keep the receipt to prove you were in the area.

Etc.

paco 04-18-2014 06:46 PM

today at 5pm was the pick up schedule, then I wait for 30min, they didn't show up, she sent me yesterday an email dictating that it's her time this year for Easter as I had them last year, but there is no agreement in this regard. The court order clearly states that it's my time this weekend. What can I do now? I didn't know that I have to buy something to prove my presence with a receipt. There is security people at her place lobby, maybe this can help?

standing on the sidelines 04-18-2014 06:51 PM

what does your court order say about holidays?

paco 04-18-2014 06:58 PM

Quote:

Originally Posted by standing on the sidelines (Post 169080)
what does your court order say about holidays?

it doesn't say anything about holidays, it says that the access is increased "starting with March 21st, the applicant (father) shall have access to the children on Fridays, after school until Sunday 6pm, the applicant is to pick up D7 at school, and then attend at the respondent home to pick up S2" every other weekend, and Wednesdays access stays the same.
So today was no school I went straight at 5pm at her place. She claims that we have a verbal agreement from last year OCL disclosure, I told her lawyer that there is no such agreement, verbal or writing.

standing on the sidelines 04-18-2014 07:17 PM

you really need to get it written into the order. If you had the kids last easter then to be fair she should have them this easter.

LovingFather32 04-18-2014 07:19 PM

Ouch! This is my first Easter without my little one. Im having a hard time with it. I would go get the "holidays" cleared up.

paco 04-18-2014 07:22 PM

Quote:

Originally Posted by standing on the sidelines (Post 169085)
you really need to get it written into the order. If you had the kids last easter then to be fair she should have them this easter.

the problem is that last year I had a different access schedule, it was only during the day time, Saturday and Sunday only, so technically she had the kids too. The issue here is it should be considered a breach of the order?

paco 04-18-2014 07:25 PM

Quote:

Originally Posted by LovingFather32 (Post 169086)
Ouch! This is my first Easter without my little one. Im having a hard time with it. I would go get the "holidays" cleared up.

how to do that? I'm self rep, do I need a motion for this? How do I have to do the order "police enforceable"?

standing on the sidelines 04-18-2014 07:27 PM

Quote:

Originally Posted by paco (Post 169087)
the problem is that last year I had a different access schedule, it was only during the day time, Saturday and Sunday only, so technically she had the kids too. The issue here is it should be considered a breach of the order?

I honestly don't know. Your order doesn't cover the holidays and it should. Why were holidays not put in the order?


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