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  • #16
    Instead of pursuing a police enforcement clause - is there anyway you can simply put forward a proposal whereby you pick up the children directly from school? If you are looking to vary the final order anyway - consider shifting time of access to 3pm or whenever school ends instead of 6pm. In this scenario you take the ex out of the equation altogether.

    The court will always look favourably on a parent who has a solution that is in the best interest of the children.

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    • #17
      You guys are a wealth of information.

      Tons of good advice here

      I have to agree, restore access asap for your kids sake



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      • #18
        Originally posted by paco View Post
        who will determine that she's indeed in contempt of the access order and when?

        Is the school entitled to provide me with her address? I went to police asking for address to serve court docs, they told me that I need a court order for that.
        go to school. introduce yourself and ask for a copy of the osr or osd or w.e. it is called. if they dont give you that then ask for recent attendance record

        anything with her address on it. don't say you want the address. i wouldn't. none of their business really . they have to give you the information if you have access. take copy of court order and print out their regulations regarding information to access parents

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        • #19
          Originally posted by trinton View Post
          go to school. introduce yourself and ask for a copy of the osr or osd or w.e. it is called. if they dont give you that then ask for recent attendance record

          anything with her address on it. don't say you want the address. i wouldn't. none of their business really . they have to give you the information if you have access. take copy of court order and print out their regulations regarding information to access parents

          Sent from my SM-G935F using Tapatalk
          that would do the trick, thanks trinton.

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          • #20
            Originally posted by Nadia View Post
            Instead of pursuing a police enforcement clause - is there anyway you can simply put forward a proposal whereby you pick up the children directly from school? If you are looking to vary the final order anyway - consider shifting time of access to 3pm or whenever school ends instead of 6pm. In this scenario you take the ex out of the equation altogether.

            The court will always look favourably on a parent who has a solution that is in the best interest of the children.
            I agree with you only if she's cooperative, but that's exactly the problem. I wouldn't involve police but I have no choice to restore access for now, then I will ask to pick up and drop off the kids at school when I vary the final order which will take some time.

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            • #21
              Originally posted by Nadia View Post
              Instead of pursuing a police enforcement clause - is there anyway you can simply put forward a proposal whereby you pick up the children directly from school? If you are looking to vary the final order anyway - consider shifting time of access to 3pm or whenever school ends instead of 6pm. In this scenario you take the ex out of the equation altogether.

              The court will always look favourably on a parent who has a solution that is in the best interest of the children.

              This is good advice I think.

              Perhaps your ex is ill...left the country.... or deceased? How do the two of you normally communicate? Is there any way you can get in touch with her? Friends?

              I don't understand how people can pass their children on to someone without any mode of communication or idea of where the other party lives....exchange of emergency contact information?

              What would happen if, on your parenting time, one of the children were in a serious automobile accident and doctors told you the child faced impending death? How would you contact the other parent? This is a real-life situation that sadly happens all too often.
              Last edited by arabian; 02-07-2017, 01:09 AM.

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              • #22
                Originally posted by arabian View Post
                This is good advice I think.

                Perhaps your ex is ill...left the country.... or deceased? How do the two of you normally communicate? Is there any way you can get in touch with her? Friends?

                I don't understand how people can pass their children on to someone without any mode of communication or idea of where the other party lives....exchange of emergency contact information?

                What would happen if, on your parenting time, one of the children were in a serious automobile accident and doctors told you the child faced impending death? How would you contact the other parent? This is a real-life situation that sadly happens all too often.
                she cut communication with me from day one, we're exchanging the children through a 3rd party, I agree with you completely when there is an emergency, let's say I'm just out of luck not having an cooperative ex wife, it's sad but I'm just a father trying to be in my children's life, nothing else.

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                • #23
                  so what does the "3rd party" have to say about the current situation? or you going to beat your head against the wall... spend a year in court trying to get a 'contempt' ruling? You do realize that contempt proceedings are lengthy?

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                  • #24
                    If you have had unremarkable and predictable parenting time for 4.5 years and it abruptly stops, I wonder if you should ask for police to do some sort of a wellness check for you? (then get the file number - handy documentation). Of course you would give the police the "3rd party" contact info.

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                    • #25
                      Originally posted by arabian View Post
                      If you have had unremarkable and predictable parenting time for 4.5 years and it abruptly stops, I wonder if you should ask for police to do some sort of a wellness check for you? (then get the file number - handy documentation). Of course you would give the police the "3rd party" contact info.
                      so Arabian, what would you do if your ex do not cooperate at all concerning the kids?! Maybe there are some useful thoughts you can share in here please, thanks.

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                      • #26
                        Who is the "third party" through which you arrange access? Can that party provide information?

                        It sounds like Mom didn't bring the kids for one access visit last weekend after 4.5 years of regular access. It's not clear that this is denial of access - you need to check out the possibility that Mom was sick, car broke down, something happened with the kids, message not conveyed, etc., before you go off down the road of emergency motions and contempt motions.

                        If Mom is deliberately refusing to let you have the kids when it is your weekend to spend with them according to your divorce order, then yes, you do have a situation in which you need to move quickly, but that's not clear from the information you provided.

                        Don't be in a hurry to start complicated things like a contempt motion.

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                        • #27
                          Originally posted by stripes View Post
                          Who is the "third party" through which you arrange access? Can that party provide information?

                          It sounds like Mom didn't bring the kids for one access visit last weekend after 4.5 years of regular access. It's not clear that this is denial of access - you need to check out the possibility that Mom was sick, car broke down, something happened with the kids, message not conveyed, etc., before you go off down the road of emergency motions and contempt motions.

                          If Mom is deliberately refusing to let you have the kids when it is your weekend to spend with them according to your divorce order, then yes, you do have a situation in which you need to move quickly, but that's not clear from the information you provided.

                          Don't be in a hurry to start complicated things like a contempt motion.
                          3rd party is a transfer exchange service provider, they took notes at the last transfer exchanges, when mother created enough fuss with them so they suspended service until both of us will provide such proof of enrollment in OFW or other communication tool. Simply, their roll is not to pass information between parties, so mom refused to enroll in OFW, I did enroll and provided proof. Also it was specified in their notice letter access should continue at police station, mom didn't bring the kids at the police station this past weekend. It was further suggested if mom would continue to talk negatively about father in front of the kids they will terminate service.
                          I tried to reach out to her by phone and email, no answer as I write, no notice, no warning. I'm in the possession of their notes from last access which I filled with to my motion form. If I would wait too long it may be a problem.

                          And also Stripes, it's not the first time she canceled visits without reason, there is a pattern in canceling visits in the past, I had all documented for my motion to change final order - as a material change in circumstances.

                          She's simply evading and reluctantly interfering with children-parenting time.
                          Last edited by paco; 02-07-2017, 04:02 PM.

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                          • #28
                            Originally posted by paco View Post
                            3rd party is a transfer exchange service provider, they took notes at the last transfer exchanges, when mother created enough fuss with them so they suspended service until both of us will provide such proof of enrollment in OFW or other communication tool. Simply, their roll is not to pass information between parties, so mom refused to enroll in OFW, I did enroll and provided proof. Also it was specified in their notice letter access should continue at police station, mom didn't bring the kids at the police station this past weekend. It was further suggested if mom would continue to talk negatively about father in front of the kids they will terminate service.
                            I tried to reach out to her by phone and email, no answer as I write, no notice, no warning. I'm in the possession of their notes from last access which I filled with to my motion form. If I would wait too long it may be a problem.

                            And also Stripes, it's not the first time she canceled visits without reason, there is a pattern in canceling visits in the past, I had all documented for my motion to change final order - as a material change in circumstances.

                            She's simply evading and reluctantly interfering with children-parenting time.
                            not sure if emergency motion is appropriate if 3rd party is involved.

                            if access is to take place at police station (as bad as it sounds) I'm not sure how police assistance is going to help.

                            why don't you file a regular motion to get pickups and drop offs to school?

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                            • #29
                              Originally posted by trinton View Post
                              not sure if emergency motion is appropriate if 3rd party is involved.

                              if access is to take place at police station (as bad as it sounds) I'm not sure how police assistance is going to help.

                              why don't you file a regular motion to get pickups and drop offs to school?

                              Sent from my SM-G935F using Tapatalk
                              I don't have a problem to pickup and drop offs at school, but she doesn't even want to bring them at the police station.

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                              • #30
                                Originally posted by paco View Post
                                I don't have a problem to pickup and drop offs at school, but she doesn't even want to bring them at the police station.
                                did you file your emergency motion this morning? i assume not.

                                how do you expect the police to enforce her to bring the child to the police station?

                                I could see police assistance clause working for daycare denying access, just not your situation.

                                not sure it would accomplish anything, except to help you find her in contempt.

                                before you bring a regular motion for school pick up drop offs, what is your current access schedule?



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