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Parenting Issues This forum is for discussing any of the parenting issues involved in your divorce, including parenting of step-children.

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  #1  
Old 11-03-2010, 09:31 PM
gladni gladni is offline
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Default Please help!

My ex and me are legally separated since august of 2009, having joint custody on twins 6y old with primary residence with their mother.
She is not allowing me to take children because of fear, they will be introduced to my girlfriend.
I don't have any communication with her (1.5 month) since she was trying to attack my girlfriend.
Please help , how can I see my children.
  #2  
Old 11-03-2010, 10:03 PM
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rwm1273 rwm1273 is offline
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Do you have an order? Separation agreement?

If you do, then inform your ex that you will be having your access as per the order/agreement.

If she still refuses, then make an application to enforce your access. You can ask for a police enforcement clause to enforce the access.

She has no reasons to stop you from access, and no reason to prevent you from having access with your GF.

However if there are legitimate safety concerns, then she may be able to stop your access until those issues are resolved.

If there are no safety concerns, and she continues to prevent access, then this will hurt her in court. But it comes down to how you address the issue in court.

Does she have a lawyer?
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Old 11-03-2010, 10:52 PM
gladni gladni is offline
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Thank you for your reply!
Yes I have Separation agreement. How I do application to enforce my access? Please elaborate "safety concerns". How should I address the issue in court? Yes she have a lawyer.
Thanks again.
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Old 11-03-2010, 11:09 PM
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Safety concerns would be something like she is a prostitute, or drug addict doing drugs or tricks in your home. If this isn't happening, then there most likely are no issues worthy of with holding your access.

Do you have a lawyer? If not you may want to send her a letter informing her that you intend to continue your access as per the agreement. Send the lawyer a copy of your letter to her too.

When she continues to deny access, you write up a notice of motion and affidavit asking for your access to be enforced and for a police enforcement clause, and you go to court for a court date. Serve the filed documents to her lawyer, and go to court.
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Old 11-03-2010, 11:18 PM
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My GF is none of the above and no I don't have a lawyer. Thank you for your advice.
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Old 11-03-2010, 11:39 PM
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Is there any sample of the notice of motion and affidavit that I can adopt for my case?
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Old 11-03-2010, 11:44 PM
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They are available online.

Family Law Rules Forms — Ontario Court Services
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Old 11-03-2010, 11:52 PM
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God Bless you! Thank You.
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