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  • Access and the courts

    We have a temporary access order, I am the father,at the first case conference we agreed on temporary access and this was put into an order. From July 2019, she has refused to follow the access order, each time we go to a case conference, the lawyer justifies why am not having access.

    My question is ,if I am okay with the temporary access order,if we go to trial can the judge force me to accept a new access order? I have changed my life to accommodate the temporary access order, I don't think I should be changing my life according to her whims.

  • #2
    Is she denying you access completely or is she only following parts of the order? What are her reasons for not following the order? You have allowed this to go on for a year without taking action. Why? There are vital details missing from your post but I will try to answer anyways.

    If there is an order for access and she is not following it you go back and discuss this with the case conference judge . It sounds like you have done this step. Then you can bring a motion to have your access enforced. You do not need to wait until trial to do this as trial can be many many years away.

    You mention their lawyer justifies why you are not having access. What are the specific reasons this lawyer is giving? What does your lawyer say in response? What did the judge say? Judges tend to frown upon denial of access unless there are verifiable safety concerns,

    Comment


    • #3
      Originally posted by guydeluxe2018 View Post
      We have a temporary access order, I am the father,at the first case conference we agreed on temporary access and this was put into an order. From July 2019, she has refused to follow the access order, each time we go to a case conference, the lawyer justifies why am not having access.

      My question is ,if I am okay with the temporary access order,if we go to trial can the judge force me to accept a new access order? I have changed my life to accommodate the temporary access order, I don't think I should be changing my life according to her whims.
      be a bit more specific about the access clauses and what is being violated.

      Comment


      • #4
        Originally posted by guydeluxe2018 View Post
        she has refused to follow the access order
        So, you show up at her place to pick up your kid, and what happens?

        My question is ,if I am okay with the temporary access order,if we go to trial can the judge force me to accept a new access order? I have changed my life to accommodate the temporary access order, I don't think I should be changing my life according to her whims.
        So have you been following her imposed schedule for a year? Do you have multiple emails where you complained to her each and every time she cancelled on you?

        Why have you had more than one case conference, shouldn't you have had a motion?

        Comment

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