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A little background is in order:
Started a common law relationship in June of 02 and by Aug of 03 our beautiful daughter was born. In late July of 04 my wife (partner) was caught having an affair and by Aug 12th she left taking our daughter with her while I was at work. It was almost 3 months before she first contacted me and allowed me to see my daughter at her parents home for 1 hour. After a short time I caved and forgave her and though we never resumed anything more than a friendship, I was able to see my daughter whenever I wanted. In Nov of 04 we each obtained our own counsel and a Separation Agreement was in place. Joint custody with extremely liberal access as my ex would maintain primary care and residence. It was very comprehensive and left no stone unturned. All went well until April of 08 when she and her new partner begged me over and over again to allow them to move from Kitchener to Mississauga with my daughter where he worked and opportunities for them to have a better life. I agreed but only after an amendment was drawn up, signed by both parties and witnessed. By May they had moved. The main stipulation in place was that my ex would provide AND cover all costs for the transportation of my daughter to and from my home during my access times as I did not drive.Everything went without incident for almost a year ( 11 months and 2 weeks) All parties were happy and content with the arrangements. During the 2nd week of April of 09 my ex asked if I could find a way to pick up my daughter for my access as her car was in the shop. I agreed and had a friend drive me to pick her up. All went well. Upon returning my daughter on the Sunday, My ex's partner started in on me that I now needed to provide all transportation for access and my ex was in agreement with him. Words were exchanged between my ex and myself and her partner informed me and my 7yr old daughter that we would never see each other again.
( you can imagine what was going on in my head at this point)
After several attempts to contact my daughter to see how she was and to calmly talk to my ex about the situation at hand not once was I able to talk to anyone.
I retained counsel to have my rights enforced, started an application as my lawyer told me that our Separation agreement was not really worth the paper it was written on. That the only enforceable clause was for support. ( I later found that not to be true) and our first case conference date was for late July By this date I had yet to see my daughter or talk to her. Not once. I was loosing my mind.
At the case conference the Judge scolded my ex and her counsel for denying access and made an endorsement enforcing our Separation agreement and dismissing my application.
Since the ruling my ex has given me occasional access and only if I can pick up and drop off at my expense.( there are reasons that this is not ok that I will get into later)
My lawyer seems to think that the Judge was wrong and that she could not make this endorsement therefore she never completed the endorsement and have it made into a court order. It is now November and our next court date is Dec 16th for another case conference and I am not one inch closer than I was in July.
Started a common law relationship in June of 02 and by Aug of 03 our beautiful daughter was born. In late July of 04 my wife (partner) was caught having an affair and by Aug 12th she left taking our daughter with her while I was at work. It was almost 3 months before she first contacted me and allowed me to see my daughter at her parents home for 1 hour. After a short time I caved and forgave her and though we never resumed anything more than a friendship, I was able to see my daughter whenever I wanted. In Nov of 04 we each obtained our own counsel and a Separation Agreement was in place. Joint custody with extremely liberal access as my ex would maintain primary care and residence. It was very comprehensive and left no stone unturned. All went well until April of 08 when she and her new partner begged me over and over again to allow them to move from Kitchener to Mississauga with my daughter where he worked and opportunities for them to have a better life. I agreed but only after an amendment was drawn up, signed by both parties and witnessed. By May they had moved. The main stipulation in place was that my ex would provide AND cover all costs for the transportation of my daughter to and from my home during my access times as I did not drive.Everything went without incident for almost a year ( 11 months and 2 weeks) All parties were happy and content with the arrangements. During the 2nd week of April of 09 my ex asked if I could find a way to pick up my daughter for my access as her car was in the shop. I agreed and had a friend drive me to pick her up. All went well. Upon returning my daughter on the Sunday, My ex's partner started in on me that I now needed to provide all transportation for access and my ex was in agreement with him. Words were exchanged between my ex and myself and her partner informed me and my 7yr old daughter that we would never see each other again.
( you can imagine what was going on in my head at this point)
After several attempts to contact my daughter to see how she was and to calmly talk to my ex about the situation at hand not once was I able to talk to anyone.
I retained counsel to have my rights enforced, started an application as my lawyer told me that our Separation agreement was not really worth the paper it was written on. That the only enforceable clause was for support. ( I later found that not to be true) and our first case conference date was for late July By this date I had yet to see my daughter or talk to her. Not once. I was loosing my mind.
At the case conference the Judge scolded my ex and her counsel for denying access and made an endorsement enforcing our Separation agreement and dismissing my application.
Since the ruling my ex has given me occasional access and only if I can pick up and drop off at my expense.( there are reasons that this is not ok that I will get into later)
My lawyer seems to think that the Judge was wrong and that she could not make this endorsement therefore she never completed the endorsement and have it made into a court order. It is now November and our next court date is Dec 16th for another case conference and I am not one inch closer than I was in July.
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