Ok,
Some of you are aware of this case: Tulchinsky v. Shuster
Less than a month ago, I come home and find the house empty of its furniture’s. Most of the stuff gone. Ex common-law partner left a note saying that she moved-out with the child and that I can only contact her by email. No details on where she went with the kid. I wasn't aware of anything until I got home. There was no domestic abuse, violence or threat of any kind in the relationship or to the child.
Without giving too much details (nothing illegal), I was able to track her down to this new place that she rented. For the week that followed, she let me see the kid when I asked, but never pass naptime, dinnertime or bedtime. She refuses any overnight stay. Then one day, I told her that I want joint and shared custody and this is where things get complicated.
I proposed a shared schedule to her that includes overnight stay. She doesn't say anything. On the first day of my proposed schedule , she's unreachable. I then get an message saying that because of the child's age (2 years old), it's too early for overnight stay and as the primary caregiver, she will not allow it.
For the next couple of days, she refuses to tell me when will I be allowed to see my child. Then I retained the services of a lawyer and we're able to restore some access, pending mediation. First meeting of mediation done and she still gives me a schedule with restricted access, with no overnight stay. It seems that the only thing left is court, with everything that comes with it.
Given the fact that I've been a good player so far and what seems to be her way of manipulating the situation to her advantage, what do you think would happen in court?
Will the court give more weight to her primary caregiver argument as opposed to her action of leaving with the child without saying anything?
What would happen if I just pick-up the kid at daycare and keep the child with me? (don't really want to do this, but I'm just asking.)
Some of you are aware of this case: Tulchinsky v. Shuster
Less than a month ago, I come home and find the house empty of its furniture’s. Most of the stuff gone. Ex common-law partner left a note saying that she moved-out with the child and that I can only contact her by email. No details on where she went with the kid. I wasn't aware of anything until I got home. There was no domestic abuse, violence or threat of any kind in the relationship or to the child.
Without giving too much details (nothing illegal), I was able to track her down to this new place that she rented. For the week that followed, she let me see the kid when I asked, but never pass naptime, dinnertime or bedtime. She refuses any overnight stay. Then one day, I told her that I want joint and shared custody and this is where things get complicated.
I proposed a shared schedule to her that includes overnight stay. She doesn't say anything. On the first day of my proposed schedule , she's unreachable. I then get an message saying that because of the child's age (2 years old), it's too early for overnight stay and as the primary caregiver, she will not allow it.
For the next couple of days, she refuses to tell me when will I be allowed to see my child. Then I retained the services of a lawyer and we're able to restore some access, pending mediation. First meeting of mediation done and she still gives me a schedule with restricted access, with no overnight stay. It seems that the only thing left is court, with everything that comes with it.
Given the fact that I've been a good player so far and what seems to be her way of manipulating the situation to her advantage, what do you think would happen in court?
Will the court give more weight to her primary caregiver argument as opposed to her action of leaving with the child without saying anything?
What would happen if I just pick-up the kid at daycare and keep the child with me? (don't really want to do this, but I'm just asking.)
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