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-   -   Emergency custody order (https://www.ottawadivorce.com/forum/showthread.php?t=22594)

phatkid77 06-27-2019 06:58 AM

Emergency custody order
 
Hey guys.
So I’m helping another friend and I was going to bore you with details. But decided not to unless you want know.
Research had me uncover tayken link for this amazing case law
https://www.canlii.org/en/on/onsc/do...3onsc6960.html

Anyway. We are filing for an emergency interim custody order because his ex is being vindictive and only allowing him contact with his daughter when she sees fit which is like 4 hours on any particular day.
She obtained a laywer and her offer they say is child focused and she wants sole custody where the father can have access “time to time” laughable I know

Anyway, when the judge reads our forms and 40pieces of evidence, IF emergency motion is granted. What are we talking here? Couple weeks?


Thanks


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Janus 07-01-2019 09:56 AM

How long has the ex had custody? What makes this an emergency? Is this ex-parte?

phatkid77 07-01-2019 09:59 AM

At this point. They been separated for 3 wks.
The child is living at the home as my friend left.
But she’s dictating he can only see for a few hours a week Becasue the child (2yr) is in formative years and doesn’t trust him. So that’s all shes prepared to “offer”
She won’t allow over niights because she’s two and has “never slept anywhere else”.


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tilt 07-01-2019 12:16 PM

Emotions run high in the first few weeks. Get him to a therapist to divorce the legal issues from the emotional issues (much, much cheaper this way). Oftentimes friends and family getting involved just ramps up the tensions between the parties. Like it or not, they are going to keep having a relationship and going to have to do-parent together. Some couples find a separation coach helpful, but if lawyers are involved it may be too late as lawyers tend to counsel against separation coaches because they decrease the lawyer’s billing’s (not all family lawyers are like this...but enough are).

If she is concerned about the child not ever sleeping anywhere else then suggest a nesting arrangement where he stays the night with the child and she sleeps at a friends/family. Keep asking for access and showing up for each one, pay the table support on time and keep everything focused on the best needs of the child. Good luck to him.

tilt 07-01-2019 12:19 PM

And yes, an “emergency” order takes a few weeks usually and is usually only when there is NO access or violence.

phatkid77 07-01-2019 12:26 PM

Thanks. Yeah she’s “allowing” a few hours a week for no reason other than not trusting him... and if he got a lawyer I feel this would EASILY be months-years to settle if lawyers give unsound advice.
She’s not entertaining anything other than sole custody and see child when I say.
She’s also sent some damning texts that really don’t help her case. Basically give me $10000 and you can have child EVERY Friday for a few hours


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tilt 07-01-2019 01:35 PM

Judges recognize that emotions are running high at first and the txts in the first few months aren’t really going to be relevant by the time he gets in front of a judge. (Don’t let him submit 40 pieces of evidence, that makes him look like a crackpot to the judge. He needs to be rational here).

Tell him to be calm, “grey rock” her in his BIFF communication, and be willing to be very flexible and child-focused. He doesn’t want to add to the drama or the dynamic they probably already have.

phatkid77 07-01-2019 01:45 PM

Don’t think crackpot would come to the judges thoughts here.
Nothing but rational texts asking for a schedule. Offering a set schedule or other options. All met with resounding “no” and I can’t wait to go to court and I get everything and you pay my legal fees.
Not “child focused”
Certainly not per the divorce act sect 16 and divorce act 24
Take the kid when I’m offering or don’t. It’s up to you but I’m beyond reasonable and my lawyer says so..
too bad really.


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Janus 07-01-2019 10:08 PM

Quote:

Originally Posted by phatkid77 (Post 236465)
At this point. They been separated for 3 wks.
The child is living at the home as my friend left.

I think your friend should move back home.

Bring a recorder and keep it on at all times. If possible bring a friend (maybe you!) to video the entire initial return home, emotions will be really high for that so it might be useful as a defence against a false allegation of violence.

Your friend should have never left the home, but 3 weeks is not that long, he can move back. Probably before the weekend.

phatkid77 07-01-2019 10:28 PM

Agreed. But she was assaultive the night they split so he left, for obvious reasons. So it shall play out this way unfortunately.
And we are serving her tomorrow. Sooooo. The move back.... unlikely.
I hope two things.
When her lawyer sees brief they attempt to bring down to earth abit but if they don’t. Once her retainer is gone. The money is gone so will have nothing left to fight


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