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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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  #1  
Old 07-28-2020, 05:59 PM
Donald Duck Donald Duck is offline
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Default Cancel access due to child on public transportation

The mother of my child stated on Sunday via a text that due to the fact that I took my four year old on public transportation that she is cancelling all access, until I comply with her decision of no public transportation.

The child and I did wear the required masks.

I have not received anything from her lawyer yet, but wondering if the lawyer states the same thing, if I should bring an urgent motion, as the next access visit is Sunday.

I have only received a few texts on the Sunday and nothing else from her or her lawyer.

I am currently the interim access parent but in court seeking custody and expanded access.

Wondering if I should also send something to her lawyer?

Thank you in advance, for any thoughts.
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Old 07-28-2020, 07:26 PM
Selfrepmom Selfrepmom is offline
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I wouldnt even justify those texts with an answer. Just show up on Sunday for pick up time, if she is a no show then document (via email not text) and if she replies to you via email that she plans on continuing to withhold access then I would be filing a motion right away.
If she or her lawyer are dumb enough to let it get in front of a judge they will be toast.
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Old 07-28-2020, 07:30 PM
Donald Duck Donald Duck is offline
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Thank you very much!!!!!
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Old 07-28-2020, 09:10 PM
tilt tilt is offline
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Ignoring her texts will look very bad in front of a judge. There have been Orders since Covid specifying that public transit is not to be used for access visits (and one parent was denied access due to being a bus driver). Can you get a ride with a friend/family member in your bubble, or price Uber? If you are going before a judge you want to be able to say you went above and beyond current protocols, were sensitive to your co-parents concerns, respectful in communication, and putting your childs best interests above your own even if it cost you additional money. Sorry, it sucks, but judges dont ride buses and dont know why some people have to.

Last edited by tilt; 07-28-2020 at 09:19 PM.
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Old 07-28-2020, 09:16 PM
Donald Duck Donald Duck is offline
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Thank you!
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Old 07-28-2020, 09:30 PM
Donald Duck Donald Duck is offline
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The content of the two texts basically said- in a pretty aggressive way- that I will hear from her lawyer, so I decided to not respond as it happened on Sunday, and was already after the fact of the TTC ride.

The next visit is scheduled for this Sunday, so I figured I would wait and see if the lawyer contacts me.

The text also said that all future visits are cancelled.
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Old 07-28-2020, 10:36 PM
iona6656 iona6656 is offline
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Quote:
Originally Posted by tilt View Post
Ignoring her texts will look very bad in front of a judge. There have been Orders since Covid specifying that public transit is not to be used for access visits (and one parent was denied access due to being a bus driver). Can you get a ride with a friend/family member in your bubble, or price Uber? If you are going before a judge you want to be able to say you went above and beyond current protocols, were sensitive to your co-parents concerns, respectful in communication, and putting your childs best interests above your own even if it cost you additional money. Sorry, it sucks, but judges dont ride buses and dont know why some people have to.
Agree with this.

Do you have to take public transit for access visits? do you have access to a car?
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Old 07-28-2020, 11:18 PM
dad2bandm dad2bandm is offline
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I don't know of anyone in this situation who *chooses* to take public transportation, if they have some access to a vehicle they have, or can easily borrow instead, especially in TO. So I'm assuming public transportation is necessary here. Wearing masks, and the precautions already taken by TTC, is responsible.



Did Mom offer an alternative? To drive child to you instead? What does she use when child needs to go anywhere, or even herself? If she has a vehicle, why can't she use that to facilitate child's parent time? If she doesn't have her own vehicle, then she's in same situation as you.



Document your intention via email or text, to continue your access, and ask her what suitable alternatives she would be comfortable with? I'm guessing she offers none, and that there is already conflict here, despite COVID or not.


People say "you'll hear from my lawyer" alot. People hear from said lawyers less often. If this was me, I would seek a motion if denied access in this manner. Wearing masks, and taking public transportation once a week, to facilitate child's parenting time, is extremely low risk. The "bus driver" example thrown out there, is not even relatable, as that is someone doing the job among the public, for hours, every day.


Just make sure, you are not dismissing COVID in other ways, that she can use as examples.
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Old 07-28-2020, 11:45 PM
Selfrepmom Selfrepmom is offline
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Am I the only one that thinks that is over the top?? Ya maybe if mom had contacted him as a normal human being and said hey, really concerned about public transit, can we figure out a different option/maybe I can provide transportation until everything cools down? But no, she went straight for the jugular- withholding visits.
As long as the OP
A) Is only using public transit for necessary travel, and;
B ) Has already communicated to the mom the use of masks/other precautions he is taking with his child while on public transit

Then I dont see why he needs to justify her threats with a response.

I think it is also important to note that I could only find 2 cases on Canlii pertaining to COVID and public transportation orders (I may have missed some but this is what I found)


https://www.canlii.org/en/on/onsc/do...&resultIndex=3

https://www.canlii.org/en/on/onsc/do...&resultIndex=7

Both orders were heard in March/April when everything was closing down. We are now well into the reopening stages. The first case the judge did order no public transit, but that was more so in response to the fathers brilliant idea to fly his kids out to Whistler for a vacation and take public buses everywhere- after lying to the mom and telling her they were staying in Ontario.

In the second case both parents brought the Justice a proposal- both of their proposals involved no more use of public transit and ideas for alternatives available to them. The justice accepted the one proposal and put it into an order (and the mom wasnt denying access in this one, just wanted to modify it so there wasnt so much back and forth) Another interesting side note on that case.... he was using public transit because FRO had suspended his license.....
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  #10  
Old 07-28-2020, 11:57 PM
dad2bandm dad2bandm is offline
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Quote:
Originally Posted by Selfrepmom View Post
Am I the only one that thinks that is over the top??

It is definitely over the top. I'm willing to bet access has been denied before too in the past, prior to COVID even being on the radar.
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