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

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  #1  
Old 04-13-2022, 11:20 AM
Hide on Bush Hide on Bush is offline
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Default Temporary suspension of parenting-time on consent: Through 14B or Consent Motion?

Ex is looking to provide consent to temporarily suspend his parenting-time to not go through a battle in court. Would this be through a Form 14B with supporting affidavit or through a Consent Motion to Change?
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Old 04-13-2022, 02:48 PM
podric podric is offline
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They are the moving party with a motion to change already open.
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  #3  
Old 04-14-2022, 12:14 PM
ottawaparent ottawaparent is offline
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Quote:
Originally Posted by Hide on Bush View Post
Ex is looking to provide consent to temporarily suspend his parenting-time to not go through a battle in court. Would this be through a Form 14B with supporting affidavit or through a Consent Motion to Change?
This is baffling. Why would a parent not want to see their child(ren)? And why would the other parent want to help them achieve this? Something is amiss.

Ideally, all you need is a draft order to go along with a basket motion (14b) or if you already have CC date submit the draft order along with the confirmation of CC and then appear at your CC

I doubt a Judge will sign off on it though.

Even people in prison/drug addicts/peados are given some form parenting time with their kids
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Old 04-14-2022, 09:13 PM
pinkHouses pinkHouses is offline
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there is history in the threads. if that person in jail was cruel to the kid the wouldnt get the time. maybe supervised access.
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Old 04-24-2022, 04:11 PM
Hide on Bush Hide on Bush is offline
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So Ex reneged on his agreement so I am putting in a motion through the courts to suspend access on a temporary basis seeking to have access suspended until a mental health professional can deem it safe for him to return and for my ex to go through some parenting classes.

I was wondering if I could get some unbiased guidance on how to proceed any other way

So for a recap

- I have sole custody, majority parenting-time and residency of my son

- CAS has been involved when Son reported seeing ex physically abuse his dog and when a third party called in saying my son was being emotionally abused by my ex

- OCL declined involvement twice

- CAS report recommended Child protection ADR

- ex only wants to do paid private ADR so there will be “financial incentive” for me to participate ie it will cost me money if I don’t agree with him. AND he wants his lawyer present for the ADR.

- Son has come to a point where he is outright refusing to leave the house on my exs parenting-time. He will walk right past him outside the school and walk in the house and lock himself in his room until my ex leaves.

- I have tried bribing my son to go with no luck

- I have tried punishing my son if he doesn’t with no luck

- It hard because of the claim of being suicidal if he goes there is still present in my head, so I’m torn on how to proceed.

- My son is asking for public visits ie the mall or any place where other people are around and my ex won’t agree

- My son is agreeing to do counselling with my ex but my ex won’t agree

- My exs plan is to just sit outside the school and my house during his parenting time and just wait for my son to come outside to scream “I love you. I’m here for you” and that’s it.

- I have tried talking with my ex who just tells me to get on board with his parenting

- I have been working with my sons teachers and principals as well as my sons counsellor to create a positive atmosphere but my ex not willing to participate is making that work all for nothing.

What I am hoping to accomplish is sending an offer saying temporarily suspend your time with our son until you both can do counselling together and work your shit out.

If not I’m going to seek a motion to temporarily suspend your time until a mental health professional can deem it safe for my son and my ex does parenting classes as I cannot get a court to order mediation.

I’m not physically stopping my son from visiting his father and I have been trying everything I can to encourage communication and ideas to resolve the matter with no luck. My ex just wants to sit outside the house and do nothing.

I don’t want to be hit with contempt but outside of physically throwing my kid outside and hoping for the best, there is no other option I have.

At the end of the day I just want my son to want to see his dad, not say he’s gonna kill himself if he visits him, and for this to be over but I feel like I’m the only one trying to fix this. I mean it took me almost a month just to get my son to do counselling with my ex and my ex won’t do it…
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Old 04-25-2022, 11:47 PM
pinkHouses pinkHouses is offline
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They could be trying to bait you into filing that motion and you seem ready to bite. You have been on this road of forcing this to close early from the start. There are case conferences and settlement conferences to handle this type of stuff. There are people right there for you to do moderation, if that is what your ex truly wants.

Quote:
So Ex reneged on his agreement
Maybe. Did a lawyer read the letter / offer. If the lawyer made an offer then why not remind them of the deal and send them the consent form for it.

Quote:
I don’t want to be hit with contempt but outside of physically throwing my kid outside and hoping for the best, there is no other option I have.
I think that sounds dramatic and think you know that you will not be hit with contempt.

Quote:
- ex only wants to do paid private ADR so there will be “financial incentive” for me to participate ie it will cost me money if I don’t agree with him. AND he wants his lawyer present for the ADR.
Read up on it, the courts encourage alternative dispute resolution but you can't be forced to do that, not at all and I think you know that. Wait for the Case Conference. Duty Counsel can help on the day.
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  #7  
Old 04-26-2022, 11:28 AM
Hide on Bush Hide on Bush is offline
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Quote:
Originally Posted by pinkHouses View Post
They could be trying to bait you into filing that motion and you seem ready to bite. You have been on this road of forcing this to close early from the start. There are case conferences and settlement conferences to handle this type of stuff. There are people right there for you to do moderation, if that is what your ex truly wants.


Maybe. Did a lawyer read the letter / offer. If the lawyer made an offer then why not remind them of the deal and send them the consent form for it.


I think that sounds dramatic and think you know that you will not be hit with contempt.


Read up on it, the courts encourage alternative dispute resolution but you can't be forced to do that, not at all and I think you know that. Wait for the Case Conference. Duty Counsel can help on the day.
Case Conference is long over. Our next is the SC but that has been delayed due to this occurrence and that's why I am trying to remedy this.
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