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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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  #1  
Old 07-09-2019, 04:58 PM
shepherd shepherd is offline
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Default Awaiting OCL response

Is pushing a motion for interim access before hearing back from the OCL too premature? My understanding is that it takes 3-4 weeks just to hear back and then they take 3-4 months to do their thing....
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Old 07-10-2019, 10:24 AM
iona6656 iona6656 is offline
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what is the access situation currently?

why?
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Old 07-10-2019, 10:59 AM
shepherd shepherd is offline
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As of now, zero. As per my prior posts, kids are severely alienated, stbx has been sharing and spinning details of legal communications, telling them I left them with nothing (despite all home expenses paid and full table child support monthly....) and she is stating kids refuse to talk to me on grounds of prior emotional and physical abuse. CAS and daughter's therapist both have made it clear they support my contact with the kids, and that there is no support of any abuse allegations.
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Old 07-10-2019, 11:11 AM
iona6656 iona6656 is offline
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In that case- I don't think that pushing for interim access during the OCL process is premature in any way. Throughout our OCL process- my daughter's dad had supervised access- and it actually increased during the process. Mind you- it was supervised and I wouldn't remove supervision until after our disclosure meeting. But if there's no safety risk to the kids- I'm not sure why you wouldn't have access now.

Have you been charged with anything against hte kids?
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Old 07-10-2019, 11:25 AM
shepherd shepherd is offline
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No, never. CAS in fact has offered to act as a therapeutic intermediary, not required supervision, to facilitate access. Both CAS and my daughter's therapist are more concerned with my kids social isolation, and STBX's lack of parenting.
The kids have been allowed to miss school, not attend therapy, and a lot of other issues. They know I won't allow that to continue, hence their resistance.
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Old 07-10-2019, 02:21 PM
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Janus Janus is offline
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Quote:
Originally Posted by iona6656 View Post
what is the access situation currently?
If I recall correctly, he voluntarily left the home, and his hope was that OCL would restore his parenting time.

To answer the original question, of course you should motion for interim access. Not the least due to the fact that if you have no parenting time the probability of a favourable OCL report would be extremely low.

Don't forget to immediately send an offer to settle.
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Old 07-10-2019, 02:37 PM
shepherd shepherd is offline
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[QUOTE=Janus;236756]If I recall correctly, he voluntarily left the home, and his hope was that OCL would restore his parenting time.

Partially correct...I did leave voluntarily, OCL was in the interest of identifying parental alienation, and parenting deficiencies that have been identified by CAS and both children's therapists.

I will remind my counsel of proposing a graduated schedule in the motion. She is trying to make this a short motion though (vs a long) so I may be limited in the scope of things I can request.
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Old 07-10-2019, 02:55 PM
iona6656 iona6656 is offline
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Quote:
Originally Posted by shepherd View Post
[
Partially correct...I did leave voluntarily, OCL was in the interest of identifying parental alienation, and parenting deficiencies that have been identified by CAS and both children's therapists.

I will remind my counsel of proposing a graduated schedule in the motion. She is trying to make this a short motion though (vs a long) so I may be limited in the scope of things I can request.
why short motion?

you should be getting ready- and gathering all your evidence to show you are not a danger to your children. It seems like your wife is getting ready to throw as many allegations as she can against you. Your counsel should be preparing a good offence. Criminal Reference checks, etc etc. The works.
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Old 07-10-2019, 03:04 PM
iona6656 iona6656 is offline
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Quote:
Originally Posted by shepherd View Post
No, never. CAS in fact has offered to act as a therapeutic intermediary, not required supervision, to facilitate access. Both CAS and my daughter's therapist are more concerned with my kids social isolation, and STBX's lack of parenting.
The kids have been allowed to miss school, not attend therapy, and a lot of other issues. They know I won't allow that to continue, hence their resistance.
have you ever been charged with anything against your ex?
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  #10  
Old 07-10-2019, 03:29 PM
shepherd shepherd is offline
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Nope, nada. Back in April, CAS was prepared to allow my daughter to live with me due to concerns over the behaviour of her older sibling. If they don't have an issue with me, I don't see how a judge would.
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