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Old 03-03-2014, 10:25 AM
DadTimeForHomework DadTimeForHomework is offline
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Default Motion for Supervised Access.

Hi everyone, I am self-repping at this time and would like some advice. My ex and her lawyer is bringing a motion to have my access supervised.

Background Info:

Ex and I cohabited for about two years. We had a child together (almost two years old at this point). We separated in the spring of 2013. She filed for sole custody, supervised access (I have a history of alcohol abuse and have been in recovery since shortly after the separation), table CS, special expenses, and a restraining order (100m etc). I hired a lawyer and answered with joint custody, 50/50, table CS.

Case Conference:

Our child lives primarily with my ex. At the case conference we agreed to my paying table CS and special expenses as well as some medical and financial disclosures. My ex and her lawyer did not pursue the restraining order or access supervision at the case conference. However, I thought it in the best interest of the child to have my access attended by a responsible adult following a what I thought was a conservative timeline compared with what was suggested by my counsel.

Access:

Access generally went well, and my ex and I opened negotiations between ourselves sans lawyers. I believed that that negotiations were going well. After a few months I started having weekday access without another adult in attendance, and then overnights. My ex had renewed concerns and started attending access herself.

Motion for Supervised Access:

Her lawyer filed a motion for custody, supervised access, costs, psychiatric assessment (at my cost). I do not believe that supervised access is necessary and as it will limit my time with our child and do to other environmental factors, is not in their best interest.

There is no supervision order currently, but her and her lawyer's argument has been that the Case Conference judge ordered status quo, therefore a defacto state of supervision has been in place.

I intend to cross-motion, with joint-custody and access relief.

Her affidavit in support of the motion contains a number of factual errors.

Do I need to refute these in my responding affidavit?

Although I have mental health challenges, I don't believe they impact my ability to effectively and safely parent our child.

I understand that the costs of a psychiatric assessment can run in to the thousands of dollars. If supervised access contingent of a psychiatric assessment is ordered, it could be months/years before unsupervised access is attained.

If the judge orders a psychiatric assessment can I then request that it be co-paid? Or in general if orders are being issued can they be negotiated at the motion hearing?

I believe that having a more broad based third party investigate might be beneficial to having a judge make the best decision, as opposed to a psychiatric assessment.

Can a party request that the OCL become involved?

Thank you for taking the time to read my post.
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