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dad93 10-31-2010 07:29 PM

Urgent Motion for Christmas Access

My ex and I have a separation agreement which I am looking to change with respect to access. I currently have my three year old and one year old two nights a week and every other weekend. The two nights a week are not overnight because up until August, my youngest son was breastfeeding. My ex planned to breastfeed until April 2011...she stopped in August as that's when my son weended himself. My older son was staying overnight on the weekends but the younger was going back to his mother. Anyway, now that there is no breastfeeding, I have been trying to get an overnight with my younger son. My ex has refused. Ive also asked for the nights they are already with me to extend to overnights as there is no reason why I need to bring them back to their mother's only to have them go to bed. I live 10mins away, I can get them to and from daycare, they have their rooms here. I've made an application to the court to hear this request since all I have gotten is refusal from my ex because she is claiming the kids shouldnt sleep in a different house every night. We have a first appearance on Dec 14

She has also denied me an overnight with my youngest at Christmas - effectively splitting the boys up. They can be with me during the day but the youngest needs to go back at night. I have brought for an urgent motion for overnight access for Christmas. The motion hearing is set for Nov 8th. I understand my ex needs to respond by Nov 4th. What if she doesn't issue a response to my urgent motion? What if she doesn;t show up. Do I have a chance to get overnights at Christmas with my son?

Thanks. I'm feeling very low right now...not understanding why what I am asking for is so wrong.

blinkandimgone 10-31-2010 10:01 PM

What you're asking for isn't wrong. If she isn't breastfeeding then there's no reason why he can't stay overnights with you unless she has some concerns over your parenting abilities. Clearly she doesn't as your older child stays over, so too bad for her. Her argument about the overnights and staying in different houses holds no water when she only applies it to one child.

rwm1273 10-31-2010 10:21 PM

If she doesn't respond or doesn't show, then you can ask that your motion be accepted and you get your access as requested.

dad93 11-01-2010 09:10 AM


Originally Posted by rwm1273 (Post 52608)
If she doesn't respond or doesn't show, then you can ask that your motion be accepted and you get your access as requested.

Do I need to doing anything to request this? Would I simply ask for this at the motion hearing or do I need to file another form. The hearing is a weak away so I am just wanting to be prepared for all options.

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