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  • Urgent motion?

    Hi all,

    I (40 year old male) have a criminal trial in 3.5 months dealing with my ex's domestic abuse allegations.

    I am currently seeing the kids once a week supervised by a mutual friend, after 5 months of having had professional supervision. However, my ex is now alleging I pinched my son on the cheek and that access can only resume with professional supervisor going forward.

    I did grab his cheek because he was sad as he was going home to his mom's and wanted to cheer him up/snap him out of his sadness.

    My question is can I bring an urgent motion requesting the access to continue with the mutual friend? The court order states that my access can be either with professional supervisor OR the mutual friend, but she is dictating now that it must be professional supervisor.

    Lastly, IF I do have to use professional supervisor, I was thinking of stop paying S7 expenses (day care) so I can see the kids as I cannot afford professional supervisor + Child Support + S7 Expenses.

    Please advise on best course of action going forward.
    Thanks

  • #2
    Well you could tell her that if she insists on a supervisor then she can a) get one in place and b) pay for it as there is no indication your kids were in danger or require a professional supervisor. Also you will take necessary action if she withholds access as it is ordered as either a friend or supervisor.

    You still have to pay daycare if she requires it to work.


    Sent from my iPhone using Tapatalk

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    • #3
      Originally posted by helenj View Post
      My question is can I bring an urgent motion requesting the access to continue with the mutual friend?
      Step 1: You decline her offer to have paid supervision
      Step 2: You ask her to follow court order
      Step 3: You go to court

      Steps 1 and 2 have to be super polite, since you are facing domestic abuse charges.

      Lastly, IF I do have to use professional supervisor, I was thinking of stop paying S7 expenses (day care) so I can see the kids as I cannot afford professional supervisor + Child Support + S7 Expenses.
      No, that is a terrible idea. You follow the court order. Unless it says that you can stop paying for S7 if you are seeing a professional supervisor, then you don't have the right to make that decision.

      Remember, you're an abuser. Don't pull any controlling-abuser-unilateral-action nonsense.

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      • #4
        Thank you for your responses.

        She wants me to pay for professional supervision. The court order states that mutual friend or professional supervisor can supervise.

        She basically is saying she's willing to go to court over this.

        Not sure if it's worth for me to proceed with an urgent motion or wait until my criminal charges are dealt with.

        I'm wondering if this constitutes urgent motion or it has to be regular motion.

        Thanks,
        Mark

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        • #5
          Follow what Janus said. That is good advice. You don’t have to bring an urgent motion if she is already planning to do so.

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          • #6
            Originally posted by helenj View Post
            She wants me to pay for professional supervision. The court order states that mutual friend or professional supervisor can supervise.
            I'll repeat what I said.

            Step 1: You decline the suggestion of paid supervision

            At this moment, I will decline your suggestion of paid supervision since I have a mutual friend who is willing to do it for free. I am sure that you would agree that it would be better to spend our money on our child rather than a stranger

            Step 2: If she doesn't give you some parenting time, you ask her to follow the court order

            The court order says that I have parenting time on Sundays from 8am to 3pm. On January 34th, you refused to allow me to have my parenting time. Please do not ignore the court order in the future.

            For now, I would like makeup time. My proposals are:

            Feb 14th: 8am to 5pm
            Feb 15th 8am to 5pm

            If I don't hear from you by Feb 10th, I will assume that the makeup time will be on the 14th.


            Step 3: You go to court

            Not being given parenting time is an urgent motion. The courts consider it to be very high priority.

            She basically is saying she's willing to go to court over this.
            That would be useful, hopefully she does. Less work for you.

            If she doesn't allow you to have your parenting time, then you will have to push matters to court yourself.

            Not sure if it's worth for me to proceed with an urgent motion or wait until my criminal charges are dealt with.
            Tough call, I'm not sure. Given that you have supervised parenting times, the criminal charges should not be an issue. However, having a DA charge hanging over your head is death in family court.

            I think if she doesn't allow supervised parenting time I would go for court.



            Thanks,
            Zach
            Might want to leave out your real name.

            Comment

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