Hello,
My situation is the following.
A final order from 2013 gives my ex access every second week.
At the end of 2014, my younger children is diagnosed with terminal cancer. He requires care 24 per day. My ex stops access to both children. He asks from time to time to see the children and I accept but he never takes them every 2 weeks.
In parallel, ex is pushing for motions asking for child support for a child with another woman, taking advantage on the situation. He was already receiving support from the biological mother but found the moment was perfect to attack me. This issue is almost solved now but he however scheduled about 4 motions while my son was fighting for his life.
My younger son dies in 2016. Two weeks after, ex requires access to the other child who is now 10 every two week-ends. Child refuses. I encourage ex to call the child, speak to him, find out how he feels, nothing: he is pushing towards police enforcement.
Grieving, I hire a lawyer. She manages to ask for modification of access. In 2017, Court orders Children's Lawer + access only on Saturday during the day. This modification of access is not written in the endorsement, but I can ask for transcription.
Meanwhile, child refuses to go and he doesn't go. Children's Lawyer accepts the file but omits to speak to the child and file an incomplete report. Ex asks for contempt motion on the day of settlement conference after Children's lawer send report (!). He pretends access has not been modified. Judge doesn't check the file and says, in spite of what I am saying, that the only order is that from 2014. He says that I have never asked for a modification of access rights. I tell him I did last year and indicate the reference; he does not look for that document. He orders: ex can file contempt motion and I can file motion to suspend ex' access rights.
My question is if and what could I choose among these 3 possibilities (or if you have a better idea):
1. File 14B and ask Judge to cancel permission for contempt motion because it is clear access rights have been modified since the order he considered to be the only one existing.
2. Appeal for the same reason
3. Argue this at the contempt motion.
I find strange that he grants contempt motion for one and suspension of rights for the other.
In the meanwhile, child doesn't want to go. I know it's not enough to say that; please tell me what reasonable steps I could take to show my good intentions.
Thank you for your help.
My situation is the following.
A final order from 2013 gives my ex access every second week.
At the end of 2014, my younger children is diagnosed with terminal cancer. He requires care 24 per day. My ex stops access to both children. He asks from time to time to see the children and I accept but he never takes them every 2 weeks.
In parallel, ex is pushing for motions asking for child support for a child with another woman, taking advantage on the situation. He was already receiving support from the biological mother but found the moment was perfect to attack me. This issue is almost solved now but he however scheduled about 4 motions while my son was fighting for his life.
My younger son dies in 2016. Two weeks after, ex requires access to the other child who is now 10 every two week-ends. Child refuses. I encourage ex to call the child, speak to him, find out how he feels, nothing: he is pushing towards police enforcement.
Grieving, I hire a lawyer. She manages to ask for modification of access. In 2017, Court orders Children's Lawer + access only on Saturday during the day. This modification of access is not written in the endorsement, but I can ask for transcription.
Meanwhile, child refuses to go and he doesn't go. Children's Lawyer accepts the file but omits to speak to the child and file an incomplete report. Ex asks for contempt motion on the day of settlement conference after Children's lawer send report (!). He pretends access has not been modified. Judge doesn't check the file and says, in spite of what I am saying, that the only order is that from 2014. He says that I have never asked for a modification of access rights. I tell him I did last year and indicate the reference; he does not look for that document. He orders: ex can file contempt motion and I can file motion to suspend ex' access rights.
My question is if and what could I choose among these 3 possibilities (or if you have a better idea):
1. File 14B and ask Judge to cancel permission for contempt motion because it is clear access rights have been modified since the order he considered to be the only one existing.
2. Appeal for the same reason
3. Argue this at the contempt motion.
I find strange that he grants contempt motion for one and suspension of rights for the other.
In the meanwhile, child doesn't want to go. I know it's not enough to say that; please tell me what reasonable steps I could take to show my good intentions.
Thank you for your help.
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