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Separation Agreement NOW a Court Document (Still trying to see my kids)

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  • Separation Agreement NOW a Court Document (Still trying to see my kids)

    Hello,

    Separation Agreement filed in court and still waiting on Confirmation of Assignment before filing Form 15 Motion to Change (Changing child support due to lower income as well as having Joint Custody/Visitation/Access police enforced/respected by (wife).

    I am thinking this is going to be in court as (wife) just bought a new house and expects me to continue paying $1,000 child support. Through legal advice, I was told I can file (ONLY after we have a court conference) a Temporary Order for A reduce Amount based on my current income.

    What form is this? Where do I get it? Do I bring this to court?

    In the meantime since the Separation Agreement is just a court document and I am filing the Motion to Change hopefully next week (that Confirmation of Assignment is taking forever). How do I go about seeing my kids now that my ex won't respond to ANY email I send her? How do I know she is getting my email? I keep emailing that I am going up this Wednesday and want to see the kids. I have alternating weekends and the last time I saw them or spent any time with them was July. I tried to go this weekend and my eldest daughter emailed me that she had too much homework and not to come to the house. How do I even know it was from her and not from my Ex? Also, I emailed my Ex back and said since they are staying there, this is NOW your weekend and I am coming up next weekend. NO RESPONSE.

    I can't just show up at the house since I think she is going to call the police.

    I feel like bringing the "FILED" separation agreement document with me, go to her house since I gave her AMPLE notice and if she won't let the kids see me, let her know I filed it and give her a copy HIGHLIGHTING the JOINT CUSTODY AND ALTERNATING WEEKEND PARAGRAPH, then I will go to the police and make a statement that I tried and at least have proof I am trying to see my kids and my EX was denying me access.

    Advice please.

  • #2
    You notify the ex in writing and in advance that you intend to exercise your parenting time as be the SA. (Sounds like you have already done this).

    Bring a voice recorder with you, and simply go get your kids. If she calls the police, you show them the SA and the email chain. Get the responding officers badge numbers and request the incident report # as well.

    Then you use this to show she is not able to promote the relationship with the children and yourself, and request a custody change.

    If she simply doesn't answer the door, you go to the nearest store, buy a pack of gum and get a receipt. (To prove date/time and location).

    Then you send her a text/email indicating you will be returning at X time to pick the kids up and then go back. If they STILL aren't there, go home.

    You then send an R3 letter indicating her denial of access and requesting makeup time. (ie. you want the upcoming weekend and the one after that).

    vis a vis your kid emailing you regarding homework:

    Honey, I'm sure you can do homework just as well here as at your mother's. I'll see you on X day.

    Love,

    Awesomedad

    Comment


    • #3
      NB Dad, thanks....what is R3 Letter?

      Comment


      • #4
        Originally posted by Pippi123 View Post
        NB Dad, thanks....what is R3 Letter?
        Return Receipt Requested

        Comment


        • #5
          Thanks.....but.....what if she doesn't pick up registered mail if I send it by that method or I can't get an email read receipt?

          Comment


          • #6
            We will use Outlook. Read Receipt is on that Email software. Thanks!

            Comment


            • #7
              Originally posted by Pippi123 View Post
              We will use Outlook. Read Receipt is on that Email software. Thanks!
              Unless other side use Outlook too and not deny Receipt Request to be sent it will not work...

              Comment


              • #8
                Ok...hmm.. so what are my options. I don't know if she is reading anything I send her. Do I just keep going up there, bring my documentation, bring a copy of the separation agreement, email, text her I am outside, do I ring the doorbell? She says no, go buy the gum at the store, get a receipt, text again and tell her I am coming back in 15minutes to pick up the kids, repeat, document, respeat... is that how this is going to play out?

                Comment


                • #9
                  You send it via Canada Post. If she then doesn't sign for it, you still get the tracking number showing it was attempted delivery.

                  Same difference, her getting it is less important than showing the attempt to be reasonable and work with her.

                  Comment


                  • #10
                    Ok doing that tonight. Thank you.

                    Comment

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