Ottawa Divorce .com Forums


User CP

New posts

Advertising

  Ottawa Divorce .com Forums > Main Category > Divorce & Family Law

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

Closed Thread
 
Thread Tools
  #1  
Old 10-31-2010, 08:29 PM
dad93 dad93 is offline
Member
 
Join Date: Oct 2009
Posts: 41
dad93 is on a distinguished road
Default Urgent Motion for Christmas Access

Hi

My ex and I have a separation agreement which I am looking to change with respect to access. I currently have my three year old and one year old two nights a week and every other weekend. The two nights a week are not overnight because up until August, my youngest son was breastfeeding. My ex planned to breastfeed until April 2011...she stopped in August as that's when my son weended himself. My older son was staying overnight on the weekends but the younger was going back to his mother. Anyway, now that there is no breastfeeding, I have been trying to get an overnight with my younger son. My ex has refused. Ive also asked for the nights they are already with me to extend to overnights as there is no reason why I need to bring them back to their mother's only to have them go to bed. I live 10mins away, I can get them to and from daycare, they have their rooms here. I've made an application to the court to hear this request since all I have gotten is refusal from my ex because she is claiming the kids shouldnt sleep in a different house every night. We have a first appearance on Dec 14

She has also denied me an overnight with my youngest at Christmas - effectively splitting the boys up. They can be with me during the day but the youngest needs to go back at night. I have brought for an urgent motion for overnight access for Christmas. The motion hearing is set for Nov 8th. I understand my ex needs to respond by Nov 4th. What if she doesn't issue a response to my urgent motion? What if she doesn;t show up. Do I have a chance to get overnights at Christmas with my son?

Thanks. I'm feeling very low right now...not understanding why what I am asking for is so wrong.
  #2  
Old 10-31-2010, 11:01 PM
blinkandimgone's Avatar
blinkandimgone blinkandimgone is offline
Moderator
 
Join Date: Feb 2010
Location: Lucknow
Posts: 5,406
blinkandimgone is a jewel in the roughblinkandimgone is a jewel in the roughblinkandimgone is a jewel in the rough
Default

What you're asking for isn't wrong. If she isn't breastfeeding then there's no reason why he can't stay overnights with you unless she has some concerns over your parenting abilities. Clearly she doesn't as your older child stays over, so too bad for her. Her argument about the overnights and staying in different houses holds no water when she only applies it to one child.
  #3  
Old 10-31-2010, 11:21 PM
rwm1273's Avatar
rwm1273 rwm1273 is offline
Senior Member
 
Join Date: Sep 2010
Location: Alberta, but would rather be in Africa.
Posts: 518
rwm1273 is an unknown quantity at this point
Default

If she doesn't respond or doesn't show, then you can ask that your motion be accepted and you get your access as requested.
  #4  
Old 11-01-2010, 10:10 AM
dad93 dad93 is offline
Member
 
Join Date: Oct 2009
Posts: 41
dad93 is on a distinguished road
Default

Quote:
Originally Posted by rwm1273 View Post
If she doesn't respond or doesn't show, then you can ask that your motion be accepted and you get your access as requested.
Do I need to doing anything to request this? Would I simply ask for this at the motion hearing or do I need to file another form. The hearing is a weak away so I am just wanting to be prepared for all options.
Closed Thread


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On


Similar Threads
Thread Thread Starter Forum Replies Last Post
Custody and Access Decision-Making and the Breastfeeding Child: Cavannah v. Johne WorkingDAD Divorce & Family Law 8 05-03-2011 11:55 AM
Emergency motion for access Underdog Divorce & Family Law 8 04-07-2010 01:16 AM
Motion For Increased Access tycooke Divorce & Family Law 2 06-24-2007 09:34 AM
Case Conference Info tycooke Divorce & Family Law 9 07-12-2006 10:11 AM
Appropriate Procedure gooddadgoingmad Divorce & Family Law 4 02-19-2006 03:44 PM


All times are GMT -4. The time now is 07:38 PM.