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  • Daily phone calls

    Currently EOW and a midweek visit with my 5 year ol who lives with his mother.

    There are a lot of child safety issues and I am bringing a motion this month.

    His mother is for the most part refusing the child to have daily calls with me and obstructs his calls as much as she can.

    I have not been able to find anything on Canli and wondering if anyone knows of any good case law on this issue.

    Thanks very kindly for any help

  • #2
    Is there an order that she has to allow daily phone calls on her parenting time?

    Comment


    • #3
      No, but we are asking for this as one order that we want her to sign on consent.

      Comment


      • #4
        Thank you and I totally get what you are saying but I am.hoing to fight it in my motion as due to the safety concerns in my motion, at least when I call him or he can call me, it shows me that he is safe instead of having no communication inbetween access which is sometimes 12 days when she unilaterally cancels the weekday access.

        Trying to find some relevant case law to include in my motion though but have not yet

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        • #5
          Originally posted by Donald Duck View Post
          Thank you and I totally get what you are saying but I am.hoing to fight it in my motion as due to the safety concerns in my motion, at least when I call him or he can call me, it shows me that he is safe instead of having no communication inbetween access which is sometimes 12 days when she unilaterally cancels the weekday access.

          Trying to find some relevant case law to include in my motion though but have not yet
          Access calls generally fall on 1 in 5 nights that the child is not residing with that parent. Not every day.

          So on a 2-2-3 access schedule 0 access calls. On a 2-2-5-5 mid of the 5 day some times depending on the child and age.

          For a children expect their age to be the time they spend on the phone engaged. 3yr then expect 3 minutes. 5yr expect at best 5 mins... etc...

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          • #6
            Originally posted by Bogdan View Post
            When I brought forward this similar matter ... it helped to come in with facts around how often the calls were not taking place (I exported call history data from iMazing)and demonstrated the percentage of calls that were allowed (single digit percent) as well as the average duration (also low). Also pointing out that calls on my kids birthdays weren't allowed .. seemed to have helped to.

            End of the day though .. it seemed liked there's no way (for the judge) to force my ex to pickup the phone (even when we had a specific part in the agreement about it) .. and nothing came out of the motion.

            Might be different in your case with the safety concerns.

            Same. My husband’s order clearly stated he had full access to them and could call and skype. His ex played so many games with that claiming she didn’t have internet, her computer was broken, the phone wasn’t working, the kids were busy etc. Even when the kids got cell phones and could do calls over internet for free, she refused to give out their numbers. It was a constant battle and there was nothing that could be done.

            My advice is to have it in the order and keep track but don’t waste your energy fighting her. She will take joy in making you angry and continue to do it.

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            • #7
              Thank you very much to all the posters, very appreciated!!

              Usually he is not even with his mom but his Grandparents,

              his maternal Grandmother tells me that I can call anytime so
              I do speak with him there, although she tries to stop it.

              Comment

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