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  • #16
    Do either of you know of any caselaw that I can reference for building my case when I do go for a switch in residence (I know my ex must deny access several more times) but I figured if I could get a head start that may help in the long run.

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    • #17
      Originally posted by fireweb13 View Post
      Do either of you know of any caselaw that I can reference for building my case when I do go for a switch in residence (I know my ex must deny access several more times) but I figured if I could get a head start that may help in the long run.
      CanLII - 2001 CanLII 32709 (ON CJ)

      CanLII - 2003 CanLII 2329 (ON SC)

      CanLII - 1999 CanLII 14982 (ON SC)

      Here is a start. There are more on Canlii
      Last edited by HammerDad; 12-13-2011, 12:55 PM. Reason: Delete duplicate link

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      • #18
        Thank you so much Hammerdad, I want to be better prepared for it this time.

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        • #19
          Originally posted by HammerDad View Post
          this one is kind of rare and dealing with enforcing court ordered access but at least something to keep in mind

          1997 CanLII 14628 (ON SC)

          from F.A.C.T
          Wayne Allen is one of 2 men in the last 20 years that have sent a custodial parent to prison for contempt of a court order by cutting off court ordered access. Wayne has gone to court 60 times so far. Incredible. The other father was Richard Dadd of Mississauga. It is interesting to note that both men represented themselves in court.
          but keep in mind as Justice Stanley B. Sherr stated in 2009 ONCJ 630 (CanLII)

          [61] ...Given the relatively few missed visits, this is not a case for a police enforcement order. It is an order of last resort to be made sparingly and in exceptional circumstances. It can frighten children and polarize a difficult situation. See Allen v. Grenier and Hamilton-Wentworth Regional Police, 1997 CanLII 14628 (ON SC), 1997 CanLII 14628, 145 D.L.R. (4th) 286, 33 O.T.C. 81, [1997] O.J. No. 1198, 1997 Cars*well*Ont 934 (Ont. Fam. Ct.).

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          • #20
            It makes it difficult when you have judges with such extreme views. Some believe that denying access is minor while others think it is major and there is case law for both lol.

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            • #21
              Next time she isn't to be found, call the police. If she knows you will enforce your right to see your child she will not continue in this manner. Trust me I've had to do this and it works well. When my children are sick, I give my ex a heads up and an option to leave them at home but would not deny him access since caring for your child when their sick can strengthen your relationship alot.

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              • #22
                Mommamouse, remember you think logically, my ex does not.

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                • #23
                  My ex is not logical either which is exactly why you need to call the police and report it, as long as you let her get away with it she will keep doing it. You need to be proactive and fight for your right to see your child and your childs right to see you.

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                  • #24
                    Problem being is that I do not have a police enforcement order. The police will tell me that there is nothing they can do and that I should go to family court Monday to deal with it.

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                    • #25
                      Which is why you phrase it as a welfare check. Child and Mom not at normal pick up/drop off for parenting time. No communication from normal methods, therefore I am concerned as to their welfare. (total BS, but you need to play the game dude...get the name of EVERY officer you speak with, their badge number and ask for the file # at the conclusion of the check.) EVERY call dealt with by the police has an attached file/report number. With THAT number, you can have the report subpoenaed if necessary.

                      Alternately, drive to the ex's house, and either bring a friend OR give the police a head's up and ask for them to send a cruiser just to prevent any issues. (ie. My ex has a history of making false allegations and starting trouble, I know it's not something you guys can do anything about, but if someone is free I'd like you on hand to diffuse the situation if necessary please). If they aren't busy they will sometimes accommodate. (I had to pull that a few times back when I was still under litigation).

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                      • #26
                        Sounds good NB dad. I will try that later today.

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