Ex is looking to provide consent to temporarily suspend his parenting-time to not go through a battle in court. Would this be through a Form 14B with supporting affidavit or through a Consent Motion to Change?
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Temporary suspension of parenting-time on consent: Through 14B or Consent Motion?
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Originally posted by Hide on Bush View PostEx is looking to provide consent to temporarily suspend his parenting-time to not go through a battle in court. Would this be through a Form 14B with supporting affidavit or through a Consent Motion to Change?
Ideally, all you need is a draft order to go along with a basket motion (14b) or if you already have CC date submit the draft order along with the confirmation of CC and then appear at your CC
I doubt a Judge will sign off on it though.
Even people in prison/drug addicts/peados are given some form parenting time with their kids
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So Ex reneged on his agreement so I am putting in a motion through the courts to suspend access on a temporary basis seeking to have access suspended until a mental health professional can deem it safe for him to return and for my ex to go through some parenting classes.
I was wondering if I could get some unbiased guidance on how to proceed any other way
So for a recap
- I have sole custody, majority parenting-time and residency of my son
- CAS has been involved when Son reported seeing ex physically abuse his dog and when a third party called in saying my son was being emotionally abused by my ex
- OCL declined involvement twice
- CAS report recommended Child protection ADR
- ex only wants to do paid private ADR so there will be “financial incentive” for me to participate ie it will cost me money if I don’t agree with him. AND he wants his lawyer present for the ADR.
- Son has come to a point where he is outright refusing to leave the house on my exs parenting-time. He will walk right past him outside the school and walk in the house and lock himself in his room until my ex leaves.
- I have tried bribing my son to go with no luck
- I have tried punishing my son if he doesn’t with no luck
- It hard because of the claim of being suicidal if he goes there is still present in my head, so I’m torn on how to proceed.
- My son is asking for public visits ie the mall or any place where other people are around and my ex won’t agree
- My son is agreeing to do counselling with my ex but my ex won’t agree
- My exs plan is to just sit outside the school and my house during his parenting time and just wait for my son to come outside to scream “I love you. I’m here for you” and that’s it.
- I have tried talking with my ex who just tells me to get on board with his parenting
- I have been working with my sons teachers and principals as well as my sons counsellor to create a positive atmosphere but my ex not willing to participate is making that work all for nothing.
What I am hoping to accomplish is sending an offer saying temporarily suspend your time with our son until you both can do counselling together and work your shit out.
If not I’m going to seek a motion to temporarily suspend your time until a mental health professional can deem it safe for my son and my ex does parenting classes as I cannot get a court to order mediation.
I’m not physically stopping my son from visiting his father and I have been trying everything I can to encourage communication and ideas to resolve the matter with no luck. My ex just wants to sit outside the house and do nothing.
I don’t want to be hit with contempt but outside of physically throwing my kid outside and hoping for the best, there is no other option I have.
At the end of the day I just want my son to want to see his dad, not say he’s gonna kill himself if he visits him, and for this to be over but I feel like I’m the only one trying to fix this. I mean it took me almost a month just to get my son to do counselling with my ex and my ex won’t do it…
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They could be trying to bait you into filing that motion and you seem ready to bite. You have been on this road of forcing this to close early from the start. There are case conferences and settlement conferences to handle this type of stuff. There are people right there for you to do moderation, if that is what your ex truly wants.
So Ex reneged on his agreement
I don’t want to be hit with contempt but outside of physically throwing my kid outside and hoping for the best, there is no other option I have.
- ex only wants to do paid private ADR so there will be “financial incentive” for me to participate ie it will cost me money if I don’t agree with him. AND he wants his lawyer present for the ADR.
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Originally posted by pinkHouses View PostThey could be trying to bait you into filing that motion and you seem ready to bite. You have been on this road of forcing this to close early from the start. There are case conferences and settlement conferences to handle this type of stuff. There are people right there for you to do moderation, if that is what your ex truly wants.
Maybe. Did a lawyer read the letter / offer. If the lawyer made an offer then why not remind them of the deal and send them the consent form for it.
I think that sounds dramatic and think you know that you will not be hit with contempt.
Read up on it, the courts encourage alternative dispute resolution but you can't be forced to do that, not at all and I think you know that. Wait for the Case Conference. Duty Counsel can help on the day.
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