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  • #16
    I am not winning
    I am not arguing about tresspass law and saying that it's ok to go anywhere in anytime...

    what I am saying that police act not legal saying you are not allowed to go there. And it not only about going there ... and it complete different reaction from police when I asked to make her stop doing something - nothing we can do ...

    and you keep telling me about tresspass.

    In my case. If you are interested. I had to stay on a lease so little one will be ably to stay in better place with his mom. Agreement was I come when I want or need. I had a key so I will not have to call and waik up little one to open door (but I always knock even with a key before enter). sometimes I have to bring some stuff early morning so I come put stuff (diapers, medicine, food etc ) down kiss little one and quietly leave because they sleeping...

    Then after I go married next day practically door was closed. So I went downstairs and call police. They said you can not come if you not invited
    or (that interesting) SHE IS IN THE APARTMENT as you moved out more than 6 month ago... And the fact that I am in that appartment EVERYDAY at least once and still tenant and fully responsible for apartment does not matter.

    So I left. AND I REPEAT I LEFT !!! I DID NOT THINK THAT WAS RIGHT BUT I LEFT TO FIND OUT. Went to landlord next day - landlord: what a hell you are tenant ...

    So.. What to do? Landlord or Police? Ok police can arrest you landlord not... Next evening I went to talk with superintendent to explain what is going on and if something regarding apartment what can screw my record what was perfect btw, call me right away...

    While I was talking with super downstairs my ex came out from elevator with her brother taking away some stuff (including mine).

    Later this evening police came again saying here complain that you come etc... - I explain they said ok. So just to cut any possible new bullshit from other side I offered police a key. I DID OFFER POLICE A KEY. they took it and give it to supper.

    what we reading in affidavit attached to court application: Police took key from Respondent but I still do not believe he will not come so "I want restraint order against me and MY son..." and police report from that day said "respondent offer a key"

    As for spelling: yes I still have a lot of spelling errors especially when I have some emotions related to what I write... How many languages you speak (read and write on) Mess? More than 3?

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    • #17
      Just curious WorkingDad. What ever came of it. I mean did she get a restraining order on you because of that?
      I guess a question could be about the original post, as I am not sure legally to be honest. If she lives in an apartment or townhouse complex what constitutes as his ex's property. In an apartment would it be from the door to her apartment or would it mean the Building. In a townhouse would it be her direct front lawn if any, and her back lawn if any? Or again the whole complex. If your parked on the road and on public property and your kid comes to you can that be considered trespassing if you are not actually on "her" property or the area she is renting?
      I ask this as I was told by a lawyer when my ex was showing up in the mornings when I was bringing our daughter to school in the morning (Access was Friday after school until Tuesday when I brought her to school). So my ex was showing up at times that was not her access, and it was not like we bumped into each other at a mall or something like that. She was totally allowed to show up and hang out with us during my access(would love to see what would happen if I did the same during hers lol, probably be in jail).
      Really, the cop was probably trying to keep the peace, she did not want him out front but it made sense in the situation, while maybe not totally legal to tell him to not come there again, he may have been trying to keep peace between him and his ex. If she felt that she did not want him around then maybe the cop was worried what would happen to him if he showed up again.
      If you have a crazy ex then why pop in unannounced? I get the fact that you want to see your kid, I want to see mine as well but I know that it would cause a scene that would be worse for our daughter if I just showed up.

      Comment


      • #18
        Originally posted by fireweb13 View Post
        Just curious WorkingDad. What ever came of it. I mean did she get a restraining order on you because of that?
        Nope. It's funny but they still kind of put it as issue in a trial and just after trial started signed temporary agreement with exchange at her new place downstairs. It better for little one than other place what I and he tired of but I have to be always with camera and voice recorder )

        Really, the cop was probably trying to keep the peace, she did not want him out front but it made sense in the situation, while maybe not totally legal to tell him to not come there again, he may have been trying to keep peace between him and his ex. If she felt that she did not want him around then maybe the cop was worried what would happen to him if he showed up again.
        that exactly what I am trying to tell. They just try to keep peace. So they tell you do not go you do not communicate at all. What??????? What about my kid? well you have to go to lawyer ... Why they do not tell her it illegal to keep child from father? Why they do not tell her that before you have court order father has all rights to see a kid .... and so on ....

        Well may she has to go to lawyer so I will not see my kid? why I have to go to lawyer to fight for what my kid and I has a right by law... Bla bla - you do not go and communicate ... Isn't it just to make less work with most result for cops?

        What I agree with Mess that for trespassing cops will act very quickly and straight. But when you come to police station saying there is court order that I have to have kid and he gone - nothing they will do ... Well this court order is just please of paper and you have to go to court again if you want to be enforced... well probably 3-5 times ...
        Isn't just brilliant?

        oh I finally in court house after two month not seeing my kid. First question Why I am here? I did not do anything. There is not even one smallest prove from other side. WHAT THE HELL HAPPENED WITH INNOCENT BEFORE PROVEN GUILTY? Weeeeeeeeeeeel lawyer said you are right but that HOW IT WORK IN THAT BUILDING.... Can you freaking believable it? so that building problem - huh what a relief lets move to another building than ...

        Well if you want to see you kid you have to agree for supervised access. WHAAAAAAAAAAAAAAAAT? I have to be supervised with my own kid? Do you now how humiliating this ? do you know how hard I have to bend over just to accept this idea "to agree for supervised access when I did not do anything wrong to him". Can you imagine what will person who did not bend under communists machine in a school for 10 years (than it fall apart otherwise I would be in Siberia I think) felt in that moment... but I did agree for him.. I was very afraid that he is very little and just one more month and he will forget me .... I was afraid that he already forgot me for thous too month ...
        but he did not not thanks God and to him. He was smiling and did not let me go for a sec for that hour and half we had ....

        Oh Mess will write that I am winning and do not like Canadian rules... How could I not like it ? I just bad bad guy ...

        And yes a lot of spelling errors probably ...

        PS:
        I think I wrote it somewhere but I will repeat.
        When I was about 13-14 and climbing from 3rd floor to ground using balconies having only underwear on me to run away from step-father who again had some drink (all night) and decided to give me life lesson and ... (I throw pants before because I did not have time to put it in) I give my self two promises:

        1. Never ever even try a drop of alcohol as I do not be like that
        2. Never ever leave my kid...

        so I am 35
        1. - keep 100%. I did not try even once any alcohol.
        2. - still keeping. and looks like it only over my dead body I will give up this one. Yes I know that I could destroy my life (or what is left of it) but I also know that I will not be able to live in peace with myself if I give up him...

        those promises given 20 years ago somehow became very strong...
        Last edited by WorkingDAD; 07-26-2011, 01:23 PM.

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        • #19
          Originally posted by Mess View Post
          I don't want my ex hanging around my house either. She's not allowed in the house.
          I can appreciate this. I feel like doing the same. But is it really that good of an idea?
          My ex's new husband has had me charged with criminl offence. He has told my son that i do not"love" him, and I don't "want" him. This man has forbidden any access exchanges from occuring at his and the boys' Moms place of residence. My boy fully understands the man does not like me - and I can see it hurts him to know it.

          Obviously, I am not a huge fan of the man myself. I would love to stuff him in a crate and mail it to Zimbabwe. But I still invite him into the house when he happens to show up at the door. I talk plainly and civily to him.
          He, and ALL of the boys extended family will ALWAYS be welcome at my home.

          Comment


          • #20
            Lots of women walk into a courtroom and tell a judge they are "threatened" by their husband and get a restraining order without the other person even knowing until it is served on him. The evidence required is flimsy but the infringment on the rights of the husband (usually) is huge. There should be an objective threat not a subjective threat. What if this dad owned the property jointly? Then it is his place too and can he be told not to come there? Grrr.

            Comment


            • #21
              Originally posted by WorkingDAD View Post
              As for spelling: yes I still have a lot of spelling errors especially when I have some emotions related to what I write... How many languages you speak (read and write on) Mess? More than 3?
              You know 3 languages? Impressive!! You should try English next!!!

              Comment

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