Calling for help

[OB1]

I'm writing this for my younger brother who is going through hell. He has been legally separated for 3 years now; they have a separation agreement that allows him to see his 7 year old daughter every weekend and one day during the week. It has been ok up until 3 weeks ago. Now his ex wife is holding him from seeing or talking to his daughter. He calls several times a day, she will not pick up the phone when she does, she says his daughter is busy and stops calling her.

He spoke to a lawyer who said we can take this to court but it might take a long time and can get quite expensive. Unfortunately he has limited funds.

How can we stop this abuse, and once again resume his visitation rights. This is driving him crazy. Please note I have called Children’s aid and filed a complaint, they do not seem to be doing anything, re living in Toronto, Canada.

What I’m asking is what has to be done to stop this..

Thanks to all who take the time to reply

[OB1]

Thanks Iceburg,


He does have a legal child custody agreement. It was done between the two lawyers. She has just stopped following it. We have sent her several texts saying that she is not following the child custody agreement. She dont care.

[Exquizique]

Thanks Iceburg,


He does have a legal child custody agreement. It was done between the two lawyers. She has just stopped following it. We have sent her several texts saying that she is not following the child custody agreement. She dont care.

Your only recourse is to take her to court.

[dad2bandm]

Do not, communicate with her via text. Text is hard to track, and present well in court...or at least harder to do.

Communication should be in writing (email), at least.

If your brother has a court order/agreement, that defines the access schedule, you are both bound to follow it. So if Mom is interferring with Dad's parenting time, then Dad needs to document this.

Document the times where Mom is denying ordered access. If this was done via phone conversation, then Dad should follow up with her, via email, to say that he was not in agreement with this, and he would like make-up time provided, for his missed time.

If Mom states she will block Dad's time, before it happens, Dad makes sure to send an email to her, stating that he intends to follow the order, and will be excercising his time with his daughter. The whole point of this, is to document it is happening, and to document that Dad was not in agreement to this.

Given that she is doing this, you will likely get ridiculous responses back, but that is good, because hopefully she will reply to the emails, with these ridiculous responses.

You do this a few times, and if Mom keeps interferring with the schedule, then you will have to take her to court for contempt of the court ordered schedule.
Nothing will likely happen to her the first time (seems to be people's experiences), but then at least she will hopefully "get it".

If email is not an option, then one could also use registered mail. The whole point is, you need to document it happening, and in writing is best.

Does Mom say why daughter of 7 will not go, or can't go? Has Dad already suggested other make-up days, in those cases?

[involveddad75]

There is a great support group in toronto called Fathers resource international, everyone if welcome, as it has have several woman and grand parents who come regulary.
Look it up on the web. the meetings are every wednesday.
I drove 2 hours each way nearly everyweek when I was going through court.

What I think you should do is file a motion for a section 36 enforcement order. Ordering the police to enforce the order.

You can't reopen the custody and access with out a material change. But you can ask for the agreement to be police enforceable.

[OB1]

Yes, my brother has documented all texts, including her reponses which clearly state she is not going to allow access to the little girl. He has attempted to several times to call her yet the mother won't allow her to talk to him.

[OrleansLawyer]

He has been legally separated for 3 years now; they have a separation agreement that allows him to see his 7 year old daughter every weekend and one day during the week. It has been ok up until 3 weeks ago. Now his ex wife is holding him from seeing or talking to his daughter.

File with the court, bring an urgent motion for access and police enforcement. Interim resolution, with many months or years of litigation for a permanent situation.

[OB1]

How difficult is it to file a motion for enforcement? How do I get my seperation agreement enforced? Which forms do I have to fill out..thank you for the assistance?

[OrleansLawyer]

How do I get my seperation agreement enforced?

You can file the affidavit with the courts.

How difficult is it to file a motion for enforcement?

Depends what you need. It is similar to bringing a motion for whatever it is you want, except you have the benefit of relying upon the agreement.

Which forms do I have to fill out

14 - notice of motion
14a - Affidavit (general)

thank you for the assistance?

As it costs nothing to be polite, yes.