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Can Assessment Aid Ex in Attempts to Relocate?

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  • Can Assessment Aid Ex in Attempts to Relocate?

    I am approaching 5 months without overnight access to my son. I currently have an interim separation agreement that allows me to see my son two days after school and one full day on the weekend. Letters from my doctor and psychologist have not been able to sway the other side from allowing me to have overnight access.

    At mediation the other day I was determined to get overnight access and 2 weeks unsupervised access with my son. The other side insisted on an Assessment (with the right to claim costs) in order to allow me to have any unsupervised access. I am running out of money and will now be spending the proceeds of my recent house sale on the assessment and possibly court. My lawyer and I determined that I had to decide to either say no to the assessment and proceed to court, where the other side would be asking for an assessment anyways, or agree to an assessment at mediation and hope that the results would be favourable to me and prove that I am a caring and compentent Dad.

    To further complicate the situation, my ex will be in school this summer in Toronto and intends to have my son live with her and her sister's family for two months aside from the week where I will have unsupervised access with him here in Toronto. She has agreed to drive to Ottawa on two other weekends to let me spend time with him as make-up time for the missed weekday access.

    At meditiation it was revealed that my ex intends to move to Toronto with my son. I stated emphatically that I will never agree to that.

    I have significant concerns going forward that the Assessment will be a waste of time and money and that at the Assessor will determine it is in the child's best interest to move with his mother.

    I am also concerned that if I take her to court, status quo if not already established, will be established by results of the Assessment and through her taking my son to Toronto this summer.

    Do I have a realistic chance to prevent her from moving with my son?
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