Originally posted by arabian
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Common As Dirt - Another Case Record
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In Québec you would have been in front of a judge within 7 days to restore your access.
You need to file a motion for sole custody. When it is proved she was keeping the kids away from you for no reason it will be proof that can she not be allowed to have even shared custody..
She should have supervised visits.
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Originally posted by Links17 View PostIn Québec you would have been in front of a judge within 7 days to restore your access.
You need to file a motion for sole custody. When it is proved she was keeping the kids away from you for no reason it will be proof that can she not be allowed to have even shared custody..
She should have supervised visits.
Dadx5 mentioned that it took him quite some time (possibly several years?) and many contempts for sole to be granted to him.
So Quebec's family court operates a bit differently compared to Ontario? Can you elaborate a bit on that?
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Your lawyer sounds like an idiot...
In Quebec when you file an emergency motion you are in front of a judge for a 15min hearing or more if needed where the judge can order whenever that want until a full trial happens (in your case would include contempt and a change in custody)
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Originally posted by Links17 View PostIn Québec you would have been in front of a judge within 7 days to restore your access.
You need to file a motion for sole custody. When it is proved she was keeping the kids away from you for no reason it will be proof that can she not be allowed to have even shared custody..
She should have supervised visits.
This guy hasn't seen his kids in months. Sickening.
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Originally posted by Links17 View PostYour lawyer sounds like an idiot...
In Quebec when you file an emergency motion you are in front of a judge for a 15min hearing or more if needed where the judge can order whenever that want until a full trial happens (in your case would include contempt and a change in custody)
Same in Alberta. An Interim Order is made. I believe the Ontario Rules of Court provide for the same thing with the only condition being that at least one case conference has to have been conducted on the matter. This is why it is so very important that these "endorsements" are dealt with quickly by having them turned into motions. The process is there but I believe the lawyer is not taking advantage of it.
Of course your option would be to wait till trial. That could be years down the road though at the rate this is progressing.
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Attended the case conference today. The judge reviewed the content from both sides and heard verbal arguments as well. He was extremely irritated at my ex’s behavior in regards to violating the previous access order, as well as the inconsistencies of her affidavits. He mentioned that she should consider this her last chance at cooperating, and that if she does not, the courts will relieve her of custody. This had be convinced that regular access would be restored again, but that didn’t happen.
Even though no evidence backing up the allegations of abuse was presented, the judge decided it would be in the best interest of the children to graduate the re-introduction of access with me due to the 5 month gap. He stated that he would vary the access again after reviewing the findings from an OCL investigation. I believe he came to this judgment based on the children’s ages more than anything, but it’s disappointing nonetheless.
My ex must now initiate exchanges with the access centre (again) so I may have access every Sunday from 10am to 4pm for the time being. Based on the time it takes to schedule and process the intakes at the access centre, I have low expectations for access occurring before the end of December. In addition, if OCL decides to take on the case, it is unlikely that they will be done with the investigation before the end of February.
Although I agree with some of the judges points, I still feel like my ex has been rewarded despite her history of non-cooperation and bad behavior. With any luck access will actually get resumed this time, and after a couple of months I can go back to my normal routine with the kids....but it's really anyone's guess.
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A small update. It appears that the exchange centre has changed their hours, so Sunday day long access is not available (which is what the order specifies). So now I have to go back to court to have the order amended for Saturdays instead.
In addition the earliest appointment for intake is Jan 2016. The agent stated that it can take several weeks after the intake appointment before exchanges occur. That means I will won't see the kids until February of 2016.
I'm trying to find an alternative to using the Child and Parent Place. If anyone has any suggestions I'd be happy to hear it. I'm going to spend tomorrow calling around to churches in the area to see if they have any similar services. I don't have family locally, so that is not an option.
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