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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 07-28-2009, 08:47 PM
bubbbab bubbbab is offline
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Default Form 8 Divorce / Form 10A Reply

I am writing this on behalf of a friend. He is Married with a 13 year old son.

He is currently incarcerated at Kingston Penitentiary. Last August, he was sentenced to Life, Parole 17 years, for second degree murder. That matter is now in appeal.

About two years ago, he signed over full control of assets and custody of their child, now 13 years old, to his wife. At that time, they also officially separated under written agreement.

Recently, He has been served by a bailiff, with simple divorce papers form 8a, while in prison. She has also advised that she will not let him see his 13 year old son.

He intends to reply (form 10a) to the simple divorce papers, and include in that, his willingness to consent to the divorce provided he is granted reasonable access rights.

Although, he does not want the divorce, he does not intend to contest it, and does not believe that he can, anyway. His wife has provided him with a report from the child's therapist, where the report advises that the child says that he does not wish to see his father, at all, and therefore, the therapist advises against contact. He does not believe that these are the true feelings of the child. He believes further, at least from a layman's perspective, that this is a case of Parental Alienation Syndrome.

He plans to send back the form in the adsence of counsel and obtain a lawyer to deal with the child access rights issue.


Can he mail the reply to his wife? She has no lawyer. Or do one of us on the outside need to go to a courthouse (same one of issue?) to file the reply?

Also, can he include his desire for access in the form 10a Peply?

Sorry for the long windedness.

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