Denied access

[paco]

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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current access schedule is every other weekend, from Friday 6pm to Sunday 6pm, pickup and drop off at the local Tim Hortons with the help of the 3rd party, which 3rd party suspended their service for the reasons exposed above and they suggested to use the police station until parties provide such proof of enrollment in OFW communication tool. I had opened an account with OFW, mom didn't. So the only choice is to bring the kids at the police station which she didn't, so what should I do now?! An emergency motion or just a regular motion to change the existing pickup and drop off arrangements? Again, I don't have her address where should I serve a regular motion, so just a motion without notice?
I would agree for a motion to pick up the children from school on Friday 5pm and drop off the kids Sunday at 6pm where? For this motion to happen she has to agree, where do I serve her?

[trinton]

current access schedule is every other weekend, from Friday 6pm to Sunday 6pm, pickup and drop off at the local Tim Hortons with the help of the 3rd party, which 3rd party suspended their service for the reasons exposed above and they suggested to use the police station until parties provide such proof of enrollment in OFW communication tool. I had opened an account with OFW, mom didn't. So the only choice is to bring the kids at the police station which she didn't, so what should I do now?! An emergency motion or just a regular motion to change the existing pickup and drop off arrangements? Again, I don't have her address where should I serve a regular motion, so just a motion without notice?
I would agree for a motion to pick up the children from school on Friday 5pm and drop off the kids Sunday at 6pm where? For this motion to happen she has to agree, where do I serve her?

what were you able to get from the school?

you could do motion to change but file the emergency motion and ask for school pickup drop off in interim. it's the only way you can see your kids. you'd probably want to involve OCL

tell the judge everything you told us

drop everything and get this rolling. go to court tomorrow and speak to duty counsel (free 20 min)

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[arabian]

In your first post you indicated that you had continuous regular access for past 4.5 years. Be prepared to have some information on how/why this arrangement ended and when it ended. You do not indicate how long you have had 3rd party involved - has it been for the past 4.5 years? What precipitated this?

Regarding where to serve her - that's the pickle isn't it? By the sounds of things you haven't known where your children/your ex have been living for several years. Perhaps check with the courthouse/family law centre and see what they advice they have to offer.

Well I'd find out very quickly where your ex lived. You can hire a PI if need be although I think this is something that you could figure out yourself UNLESS there is a restraining order?

[paco]

what were you able to get from the school?

you could do motion to change but file the emergency motion and ask for school pickup drop off in interim. it's the only way you can see your kids. you'd probably want to involve OCL

tell the judge everything you told us

drop everything and get this rolling. go to court tomorrow and speak to duty counsel (free 20 min)

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I already filled a motion to change final order yesterday based on material change in circumstances for the past almost 2 years since final order is in place, so now I can file an emergency motion and to ask for school pickup drop off and an alternate service method to serve her the motion to change final order that I filled yesterday, in interim as you said, sounds good to me.

[paco]

In your first post you indicated that you had continuous regular access for past 4.5 years. Be prepared to have some information on how/why this arrangement ended and when it ended. You do not indicate how long you have had 3rd party involved - has it been for the past 4.5 years? What precipitated this?

Regarding where to serve her - that's the pickle isn't it? By the sounds of things you haven't known where your children/your ex have been living for several years. Perhaps check with the courthouse/family law centre and see what they advice they have to offer.

Well I'd find out very quickly where your ex lived. You can hire a PI if need be although I think this is something that you could figure out yourself UNLESS there is a restraining order?

there is no such restriction order, I just dealt with an uncooperative person for the past 4.5 years. The 3rd party exchanges are in place since final order, almost 2 years now.
So this question is for you Arabian, how would you deal with an uncooperative spouse? thinking everyday at your kids, not even knowing what they do, how they feel, if they missed you, simply because the other parent is full of hate and wants you dead.

[trinton]

I already filled a motion to change final order yesterday based on material change in circumstances for the past almost 2 years since final order is in place, so now I can file an emergency motion and to ask for school pickup drop off and an alternate service method to serve her the motion to change final order that I filled yesterday, in interim as you said, sounds good to me.

get that emergency motion in. if that don't resolve it then her access denial is material change to seek sole custody

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[paco]

get that emergency motion in. if that don't resolve it then her access denial is material change to seek sole custody

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I'm on it right now, forms 14B and 14A, without notice, thank you trinton, my nerves are down, god bless all parents and no one should fear not seeing their kids again.

[arabian]

there is no such restriction order, I just dealt with an uncooperative person for the past 4.5 years. The 3rd party exchanges are in place since final order, almost 2 years now.
So this question is for you Arabian, how would you deal with an uncooperative spouse? thinking everyday at your kids, not even knowing what they do, how they feel, if they missed you, simply because the other parent is full of hate and wants you dead.

You are probably asking the wrong person. I am extremely aggressive. I can assure you I would know where my children and ex lived for a start (even it it mean following the kids home from school with dark sunglasses and a borrowed vehicle). I would take full advantage of the recent occurrence of her not allowing my parental access and push for very strict definitive clauses regarding pick up and drop off. I would not agree to a 3rd party provider and, after disposing of the service, would likely see if I could have the OCL investigate the 3rd party provider to provide an affidavit of ex's poisonous behavior at pick-up and drop-off times. I would take every advantage in court to expand my parenting time. I would ensure my children had a way to contact me at all times (cell phone) even if it meant specified Skype time or phone call times with me spelled out in a court order. I would volunteer at the school. I would reassure my children that I loved them... over and over again. I personally have no experience with child custody issues but I do know that children are resilient. Remember that you offer unconditional love. Remind them that no matter what anyone says about you, you are their father and you love them.

[paco]

You are probably asking the wrong person. I am extremely aggressive. I can assure you I would know where my children and ex lived for a start (even it it mean following the kids home from school with dark sunglasses and a borrowed vehicle). I would take full advantage of the recent occurrence of her not allowing my parental access and push for very strict definitive clauses regarding pick up and drop off. I would not agree to a 3rd party provider and, after disposing of the service, would likely see if I could have the OCL investigate the 3rd party provider to provide an affidavit of ex's poisonous behavior at pick-up and drop-off times. I would take every advantage in court to expand my parenting time. I would ensure my children had a way to contact me at all times (cell phone) even if it meant specified Skype time or phone call times with me spelled out in a court order. I would volunteer at the school. I would reassure my children that I loved them... over and over again. I personally have no experience with child custody issues but I do know that children are resilient. Remember that you offer unconditional love. Remind them that no matter what anyone says about you, you are their father and you love them.

thank you and I appreciate your thoughts, as I said I already filled a motion to change yesterday for interfering with access in the past and parental alienation, and tomorrow I'll file an emergency motion for interim pickups/drop offs at school. Asking for police enforcement is no good and I realise that, you guys opened my mind, thanks. The idea of having OCL investigate the 3rd party is really good, thank you Arabian, I will definitely use it when time comes for a change.

[paco]

Done, motion filled this morning without notice, waiting now on Court decision!

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[trinton]

Done, motion filled this morning without notice, waiting now on Court decision!

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don't you have to speak to it?

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[paco]

Nope, a judge will make a decision based on written facts(exhibits) presented in the affidavit 14A attached to my motion, they'll contact me when is done.

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[trinton]

Nope, a judge will make a decision based on written facts(exhibits) presented in the affidavit 14A attached to my motion, they'll contact me when is done.

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Interesting, I must be living in a hippo town part of Canada.

[arabian]

Done, motion filled this morning without notice, waiting now on Court decision!

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Good going! Hope things work out for you

[paco]

Good going! Hope things work out for you

Thanks and fingers crossed 😉

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