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  • Another Urgent Mater

    Ok so now she's threating to take away all my overnights starting now. What if anything can I do when she takes action on this? Do I have to just wait until it goes to court considering we don't have a signed agreement? Can she basically take away all my time and I have no say until it goes to court?

  • #2
    What is her reason?

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    • #3
      Not having a signed agreement is not good. I remember when I first consulted with a lawyer they told me that many couples come up with an amlicable agreement between them, but then they have it registered with the court (without having to go through a hearing) so that it is legal. This is just to protect both parties.

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      • #4
        I would consult with a lawyer such as Jeff and protect your CHILD's established access regime in place. Access is the child's right. As I mentioned before, it doesn't make sense that its okay for the child to visit you during the day with room mates present but not okay during sleep hours with room mates present. Sort of contradictory. Especially since you have overnights established.

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        • #5
          Grace:

          Her reason for taking away overnights is because 'I've put her up against the wall' - she says she's not comfortable with my new living arrangments and that she can either piss me off by taking away overnights or deal with herself being unformtable - pissing me off is easier on her. (her words).

          The reason why she's takin away all my overnights now is because I spend too much time with my g/f. She doesn't believe anything I tell her and doesn't trust that my g/f doesn't sleep over when I have my daughter. So again easier for her to just take away my overnights.

          kconnections:

          I'd love to get an agreement signed but she won't even sign on the stuff we agree on (access). It's seems like it's an all or nothing - so I have to wait until court.

          logicalvelocity:

          I have consulted with a lawyer (not jeff - although I'm seriously considering switching lawyers) basically I was told that not much can be done until it goes to court. That's my problem - I can argue until I'm blue in the face but she can do what she wants with my access until a court says otherwise. I can't do anything but sit back and let it happen - unless I retaliate but that would mean going backwards instead of forwards.

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          • #6
            Thanks for the update CatvsLion! Keep us posted as to how things go.
            Ottawa Divorce

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            • #7
              Having a girlfriend I beleive will not make any difference in the court system. Best bet would be to try and work this issue out between you and your ex using your lawyers. Have you tried mediation? What about looking into collabrative law were court is not an option. Court is very expensive and you and your child are left in the hands of a judge that does not know you. A lot of times Judges do not read the whole file and base their decition based on a factum which is a short version of your case.

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              • #8
                CatvsLion,

                What kind of custody situation is in place? Is is court ordered?

                I do not think she has the authority to dictate terms and conditions of access.

                It is better for all concerned if you can come to reasonable terms without having going to court.

                If she denies you access to your child document it and the reason why etc. If the reason for with holding access isn't valid, this will work against her when you do go to court.

                She might be putting her own needs before that of the childs.

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