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  • #16
    So the principal just got back to me again and said she actually has all the documents and they can enrol there. Did a 180 wth. I don’t know what to do. He changed his mind last minute. I feel I’m going to get screwed with no time to put in a motion before school starts. The principal said he doesn’t want to get involved anymore. Man Im desperate for help. My lawyer is useless.

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    • #17
      Don't panic. Re-read Tayken posts, the answers are there. Although since you're already before the court, I would file an urgent motion instead of emergency.

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      • #18
        Agreed with all above.

        You need a:

        - Form 14A Affidavit (ours was written by the paralegal) requesting the urgent motion and why.
        - Form 14B Motion Form with the exact specific request- kids stay at the same school.

        Serve the other party today and then have a process server deliver it to the court so it is accepted the same day.

        The forms will take 30 minutes.

        Ask for all costs. You can't do nothing. My friend who I mentioned in a previous post did nothing and that decision haunted him for years.

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        • #19
          Originally posted by Brampton33 View Post
          Being successful in actually getting a judge to sign off on a criminal contempt motion is next to impossible.
          Like I said they are "quasi-criminal".

          quasi-
          /ˈkwāˌzī,ˈkwäzē/
          seemingly; apparently but not really.

          Also, you need to balance the use of contempt motions for "access denials" and the withholding of children in contravention of an agreement or order vs lessor infractions like failure to drop off children at the exact scheduled time.

          Judges weigh things differently based on the impact to children.

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          • #20
            I agree, act today. My partner was in this position. Now is the time before they end up at that school, at which point it gets considerably harder. Are the children in elementary school?

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            • #21
              The kids are in elementary yes. I kept them this weekend as we had no agreement past summer and I was scared she’d try to move them to another school or even move again. The principal changed his mind again and told me they won’t be accepted and then she put in a motion for them to change schools and to return them. The cops did show up for a safety check then left. On the phone with the kids she said she’d send the cops again. Not sure for what now as it all depends on the judge. What do you think the odds are to keep them here at their original school and have them stay with me with access reversed now? Obviously very tense but I am worried she will move again and who knows where. Even if she did get them she asked me to pay for daycare while she works even though I can take care of them with pick up drop off as I did pre separation. She’s even taking them out of French immersion just to transfer them closer to her.

              Any advice appreciated.

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