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Old 01-17-2007, 07:58 PM
smadax smadax is offline
Join Date: Nov 2006
Posts: 63
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Default Interjurisdictional Nightmare

My sister is in a access predicament and I'm at a loss for what to do... it's a long story, I apologize....

She lives in BC and has always been the primary caregiver for the child since birth. Before they officially seperated, the father had moved to SK for work and promised to send for the family when he got settled. A year later after many lies, he finally admits that he's shacked up with another woman and she's pregnant with his child.

My sister had defacto custody since the father was absent. Because she's on disability, The Ministry filed and acquired a Child Support Order.

Another year passes and my sister decided that she wants to move closer to her family (still in BC) The father requested to have the child sent for a visit in SK and refused to give him back.

The Father and my sister sign a plain piece of paper stating he will return the child when she's found her own place to live and gets a job, they also have a witness sign the paper. She meets all the terms and he still refuses to return the child. (No real surprise)

Court papers are filed in SK, since that is were the child is located. August 2006 Judge orders primary care to the Father. My sister is granted
"reasonable access to the child upon reasonable notice to the respondant which access shall incude access if the respondant travels to BC with the child. The petitioner shall also have regular telephone access with the child."

The father works 12 hour shifts with the Oil Rigs, the child is left in the care of his step-mother. My sister was told that she is only allowed to call once a week and if she is 30 minutes later her call is denied, she was told if she tries to call the child more than once a week, on the set time than all her calls would be denied on that week.

My sister does not have a phone line of her own, she uses our Mothers phone as she lives on the same street and they visit daily. The father has put a call block on our Mothers phone number. My sister can only call them by using a calling card.

Last week the Father contacted my sister to tell her that they would like to change the child's last name, because it currently has both their last names hyphenated they would like her last name completely removed. If my sister agrees to sign the consent form, they will give her telephone access twice a week, apposed to once a week. Can you beleive that??

This has been going on for a very long time and her Lawyer is not acting on the matter, they continue to brush her off and in the meantime she is becoming alienated from her son.

What can she do??