Announcement

Collapse
No announcement yet.

Ignoring Final Orders

Collapse
This topic is closed.
X
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Ignoring Final Orders

    Trying to keep this simple...she was the applicant and stated the children will reside with me. This has been the case for 2 years and over the last few months my eldest has been spending more time with her (3 nights a week or so). In the past, he would not even see her for several weeks and having both boys with her overnight would only occur once every 6 months or so.

    I tried to get her to set a regular schedule in Jan of this year, to which she said it didn't suit her to do so.

    There has been some tension between my oldest and myself and my GF (who lives with us) and I am more of one to keep on top of him re school work etc (he is 15).

    I wrote a letter asking to meet with my ex to discuss the situation, accommodations (She has a bachelor apartment) and how she will work with him on school work (she has never done so in the past and I did all extra-curricular activities, parent teacher interviews etc).

    Her reply (in written) form was : he now lives with her FT as of yesterday, I need to supply letter of acknowledgment of such to Ontario Works of such, to supply his Health card (which I will do as it should be in his possession) and supply to her his passport.

    This has been building for a while (in that she has obviously been discussing the move with him) and I also see it as a way for him to not deal with some issues (avoidance). He and I did attend counselling and he stopped going as the counsellor said that he could not expect me to not have a GF - that was the only acceptable solution for him

    If his wishes are to be with her, I can't go against that, however, she is in breach of the final order, has total dis-regard for what is in the order (ie she was to have mutually arranged visits and this doesn't occur - I have complained to her about that. She makes arrangements with them directly and I hate to say no as they were infrequent) and is in it for the money (ie CS).

    Paying CS is not an issue for me, but why have final orders if she is just doing what she wants and making demands of me - she is also engaging her sister to slander me to her family and is threatening to do the same to mine (they live in Australia and I do not have family here in Canada).

    I do not wish to turn my son against me by not supporting him (ie CS) so have been giving cash to him...however, I will also not act to her demands (she wants these documents today) so is threatening and by duress trying to intimidate me...I don't have a lawyer, I self-represented in court and did fine in that, however, I also need to time make my own decisions and have a right to legal counsel etc.

    My questions are:

    1. Should I direct her to have her lawyer and Ontario Works communicate with me (she has told me she will not communicate directly with me or meet with me to discuss). She wrote the note making demands and intimations, not a lawyer.

    2. Do I also do a motion in court that she is not following the final order, refusing to let me speak with my son (if he doesn't want to, then I will honor that) and go through the process correctly.

    3. Do I continue to give my son cash (if I get to see him/drop it off to him - mutually arranged) so as to ensure he has food and clothing etc?

    4. Should I address the threats against me / attempting to get me to provide information under duress (or put that into a motion, see question 2) and possible slander on her part? or can she basically do what she wants?

    I don't want to get into a public slanging match with her as she has had a lot of issues in the past - investigated by CAS for physical abuse, an affair with a neighbor, put in writing that she wanted me penniless even if I had the kids FT, put in writing that she should not have to work at all (the judge noted that against her in the divorce case conference), only did basic parenting I did the rest when married (in writing as well) etc.

    I am a beer drinker but don't get moody or belligerent - my eldest and I did have 2 physical altercations,so I am not saying I am perfect by any means, but have been providing FT care for them for a long time without issue. Some of this may be teenager stuff, however, I will have to move if paying CS and new accommodations will be smaller, so this is not an 'every 6 months' type of situation.

    Any thoughts on the above questions?

  • #2
    My thoughts are that she has no legal right to ask for support as your son is expected to be living with you. As we all know that children (specially in their teens) play parent against parent in these types of situations and that they change their minds on almost a daily basis. I would not provide a letter to Ontario Works or anyone else for that matter. She lives in a bachelor apartment, this is not appropriate, he needs his own room. Your sons residence is with you.

    Personally, I would not be rewarding your sons behavior by giving him money. I would tell him that if he is hungry and needs food to come home.

    Comment


    • #3
      1. Should I direct her to have her lawyer and Ontario Works communicate with me (she has told me she will not communicate directly with me or meet with me to discuss). She wrote the note making demands and intimations, not a lawyer.
      IF he is now living with her full time, I believe you can do a motion on consent or something to modify the existing order. HOWEVER unless she is incapable of working, you want to have an income imputted to her in the amount of full time hours @ minimum wage at least.

      Not sure if it works the same as Income Assistance, but if you are paying her CS, does that not come off her Ontario Works cheque dollar for dollar?

      Check with Works to see what the process is. They will want her to push for a new order w/ child support if he is living with her.

      2. Do I also do a motion in court that she is not following the final order, refusing to let me speak with my son (if he doesn't want to, then I will honor that) and go through the process correctly.
      You will likely wind up back in court anyway to have an agreement made up to reflect the new changes. Your son is old enough that his wishes will likely be honoered.

      3. Do I continue to give my son cash (if I get to see him/drop it off to him - mutually arranged) so as to ensure he has food and clothing etc?
      No. You either pay the ex directly, OR pay Ontario Works directly. I would personally figure out what SHE would owe YOU for the other child you have full time IF she were working full time @ minimum wage, and pay offset to her based on that. (IF you go that route and are allowed to pay directly, you should use email money xfer or cheque, and plainly write in the memo field OFFSET CHILD SUPPORT FOR MM/YYYY) so you can prove it's actual support and NOT just a "gift".

      4. Should I address the threats against me / attempting to get me to provide information under duress (or put that into a motion, see question 2) and possible slander on her part? or can she basically do what she wants?
      Nope. Good luck proving it in court. I wouldn't bother with it.

      Comment


      • #4
        Thanks for the replies...I wanted to work with her on a child support agreement as going through OW will a dollar for dollar reduction. I don't think she understands that and that is what I was trying to work on her about -ie we negotiate together and go through the courts rather than OW taking over.

        She was supposed to be working FT but refuses to do so (has quit many jobs and it is in writing that she doesn't believe she should have to work at all)...Yes, in court I would ask to imput her income at FT minimum wage and offset against the other child

        Thanks for the replies

        Comment


        • #5
          How long has he been supposedly living with her that she is now claiming that it is his residence? Are we talking about a few days, a week, a month?

          If your son is living with her, Ontario Works will require her to go after child support. It's the same as family benefits in that regard. That said, as previously mentioned, her apartment is a bachelor. He does not have his own room, bed etc. I could not see a judge agreeing that is in his best interests even though he wants it. Children, even teenage children sometimes don't understand what is best for them.

          Personally, I would stop giving him money and give it a few weeks to see where things go. There is/was a reason the kids are with you full-time and not with her.

          Comment


          • #6
            Around thanksgiving he started spending a couple of nights a week...I had to go one day and get him to take him to the hospital as well - she refused to do that and he had severe constipation!

            A few weeks ago it turned to 4 nights one week and then the last full school week and he came hone for the weekend.

            Prior to thanksgiving he hadn't been overnight since summer and that was at her mums place!

            Over the last 2 years it has not been overnuight at her place and I made it clear I didn't think it was the right environment for him

            Comment

            Our Divorce Forums
            Forums dedicated to helping people all across Canada get through the separation and divorce process, with discussions about legal issues, parenting issues, financial issues and more.
            Working...
            X