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  • Can I get an emergency order for custody of my kids? Question...

    I currently have a court order with my ex with our 2 year old son. For the past year that we have been apart, I have had pretty much half parenting time as I have taken on many more days than what was in the court order.

    It was a temporary order (I have him 2 nights and 2 days per week), and I haven't went to court to argue for officially 50/50 (based on what is happening now). I was just being if it works now I won't rock the boat (I know dumb).

    Things have taken a turn for the worst now and she has decided to go back to the original court order.

    As of right now though, she has went 180 and said she is leaving town right now and I can have full rights to our son blah blah. As well she has 2 daughters that are 13 and 14 that live with her and she is taking off on them too. She wants the grandma from BC to come right now and get them, well she gives no one a choice really, she just does it.
    Some history, she has only been a full time parent to them just this past year and it's taken its toll apparently.

    Basically, she is saying she will be gone and will not be returning till the end of the month and leaving our son, and her daughters without a mother. I'm pissed to say the least, how do the hell do you do that has a parent. You can't just take off like that.

    I just want to know, do I need to go to court and can I file anything to have full temporary custody of him? My point being she is obviously unstable right now, and has a history of it with the police reports. I want her to get the mental help she needs, to be a mother to all three of her kids, as the bio dad has never been there. In reality, everything is about her by these actions...as she obviously needs mental help. Don't get me wrong I am not fighting for full, only unless she completely proves she is bad to them but they need their mom healthy mentally and emotionally bottom line.

    Otherwise, she will continue to do this....erratic behaviour and it's not healthy for the kids.

    Can I do that? Go to court and get temporary custody till she gets her shit together?

    And what supporting evidence do I need? I have all her texts saved.

  • #2
    Originally posted by Chris2008 View Post
    I currently have a court order with my ex with our 2 year old son. For the past year that we have been apart, I have had pretty much half parenting time as I have taken on many more days than what was in the court order.

    It was a temporary order (I have him 2 nights and 2 days per week), and I haven't went to court to argue for officially 50/50 (based on what is happening now). I was just being if it works now I won't rock the boat (I know dumb).

    Things have taken a turn for the worst now and she has decided to go back to the original court order.

    As of right now though, she has went 180 and said she is leaving town right now and I can have full rights to our son blah blah. As well she has 2 daughters that are 13 and 14 that live with her and she is taking off on them too. She wants the grandma from BC to come right now and get them, well she gives no one a choice really, she just does it.
    Some history, she has only been a full time parent to them just this past year and it's taken its toll apparently.

    Basically, she is saying she will be gone and will not be returning till the end of the month and leaving our son, and her daughters without a mother. I'm pissed to say the least, how do the hell do you do that has a parent. You can't just take off like that.

    I just want to know, do I need to go to court and can I file anything to have full temporary custody of him? My point being she is obviously unstable right now, and has a history of it with the police reports. I want her to get the mental help she needs, to be a mother to all three of her kids, as the bio dad has never been there. In reality, everything is about her by these actions...as she obviously needs mental help. Don't get me wrong I am not fighting for full, only unless she completely proves she is bad to them but they need their mom healthy mentally and emotionally bottom line.

    Otherwise, she will continue to do this....erratic behaviour and it's not healthy for the kids.

    Can I do that? Go to court and get temporary custody till she gets her shit together?

    And what supporting evidence do I need? I have all her texts saved.
    I hope you have the time you spent with your son documented.

    She cannot (or shouldn't) nonchalantly LEAVE; you have wind of it. You need to file a motion ASAP, an ex parte one if need be, given the situation. But before you do you need to go to the court house tomorrow and let them know the circumstances. They can lead you in the right direction.

    I can't give you further info as you do not indicate which province; that would help immensly in giving you information.

    Comment


    • #3
      Agree completely with mom2three.

      The absolute worst thing you can do this week is nothing. You absolutely have to have this temporary order updated no matter which way your ex goes in the future.

      I would strongly suggest not discussing things back and forth with the ex until you are properly informed. If you start saying things about court orders tomorrow, she will react emotionally.

      Document your time with the children as much as possible. That goes for right now, and also for the past two years. If you have been picking the child up from daycare, then you will have signed them out (at any standard, licensed daycare.) You will have taken the child to doctor's appointments, etc. If all you can do is guess, then sit down with a calendar and mark off the days and weeks the child was with you to the best of your recollection. Write down notes about what you remember about a particular week, such as, "Child's birthday: was with me for three days and visited grandma" etc.

      Don't think that just because you can't prove anything in an instance like this that you can't make a case. Judges will often write in there decisions that a party came across as credible and there testimony was consistant, and that this is why they they were believed.

      Above all, start to work on this. Coming here and seeking advice is a good first step, but you should be moving on this immediately.

      Comment


      • #4
        Thank you for the advice.

        I contacted my lawyer this morning and hopefully she will get back to me today on what to do next.

        As of last night, she didn't leave but then decided to tell me that she wanted to kill herself. And that the grandparents can have the girls and I can have our son. Like seriously???? I was worried and I called the police and they visited her.


        She makes everyone worried and to what point. You're going to give up your life and not be a mother to your three children that need you? Scar your daughters even more? And your son? The girls aren't mine, but they are my son's half sisters and to that end, I also care bout that them and it's not fair that she puts them through her roller coaster. And all you do is talk about yourself and why no one cares about you when you yourself harm your children and the people around you on a constant basis?

        You need to get your act together for your children.

        And I'm updating my notes when I have had my son. THANK YOU AGAIN.

        As well I'm putting together a photo journal of our events together the past year.

        Comment

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