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  • Moving from supervised visits to unsupervised visits?

    I have sole custody, my daughter's dad has supervised access, at a centre. The visits are every other weekend 2hrs a visit. I pay for the access visit, his portion and my portion. I do not receive child support - not a huge issue as he hasn't held a job for at least the past 6 years.

    He would like to go to unsupervised and his lawyer is going to send me his updated information, he has supposedly meet with a psychologist and said he is no harm to his daughter.

    Would it be prudent to ask what his current therapy, he is receiving, what medication he is currently taking (if any), and what type of schedule he is maintaining with visit to this doctor. Would it also be fair to ask if the doctor that currently made this recommendation, if he had access to other hospital visits and hospitalization, and other doctors assessments.

    I have recently gotten remarried (which can present a material change of circumstance for our daughter), but in recent supervised visits, he is quizzing the child on my husband and also telling her not to do things with him. She's almost 5, and I think she should not have that negative interferrence.

    He is also represented by legal aid and do they (LA) have guidelines on when they would finaicially support him bringing forward a motion?

    His lawyer did seem very nice on the phone and she would prefer to stay out of the court room. However I also let her know that if I need to go back to court, I will rehire my lawyer ( which my lawyer is also aware of.)

    Thanks.
    mominont

  • #2
    Originally posted by mominont View Post
    I have sole custody, my daughter's dad has supervised access, at a centre. The visits are every other weekend 2hrs a visit. I pay for the access visit, his portion and my portion. I do not receive child support - not a huge issue as he hasn't held a job for at least the past 6 years.

    He would like to go to unsupervised and his lawyer is going to send me his updated information, he has supposedly meet with a psychologist and said he is no harm to his daughter.

    Would it be prudent to ask what his current therapy, he is receiving, what medication he is currently taking (if any), and what type of schedule he is maintaining with visit to this doctor. Would it also be fair to ask if the doctor that currently made this recommendation, if he had access to other hospital visits and hospitalization, and other doctors assessments.

    I have recently gotten remarried (which can present a material change of circumstance for our daughter), but in recent supervised visits, he is quizzing the child on my husband and also telling her not to do things with him. She's almost 5, and I think she should not have that negative interferrence.

    He is also represented by legal aid and do they (LA) have guidelines on when they would finaicially support him bringing forward a motion?

    His lawyer did seem very nice on the phone and she would prefer to stay out of the court room. However I also let her know that if I need to go back to court, I will rehire my lawyer ( which my lawyer is also aware of.)

    Thanks.
    mominont
    Legal Aid will support the litigation for a motion of access. The amount of time they will cover is limited, but nonetheless it might be about 8 hrs for pleadings and also additional time for court appearances such as Case Conferences and motions.


    It appears the individual has the backing of a specialist to support the child's access. The court may not want to turn the fiasco into a fishing expedition. If the requested documentation is not given voluntarily, you may have to so under motion yourself. At the end of the day, such information may not contain much. It is a judgement call.

    Comment


    • #3
      In the Office of the Children's lawyer report.

      The social worker made the following recommendations.

      - Respondent to complete a psychiatric assessment and follow through with the recommendations.
      - Complete a neuropsychologist assessement.

      If he hasn't done both of these exact recommendations would the court allow his motion?

      Thanks
      Mominont

      Comment


      • #4
        Mominont,

        Its difficult to say. Those are recommendations by a third party not really a court order. What weight did the court give previously to the Office of the Children's Lawyer report with respect to the matter?

        Comment


        • #5
          The rest of the recommendations were in our custody order, sole custody for me, supervised access for him.

          I just want to make sure that he's actually getting the help he needs and can eventually move into an unsupervised role. I hope he just didn't meet with this doctor once and with no plans to go back and him thinking everything is finished.

          Comment


          • #6
            Because the recommendations are court ordered, then they have the onus to demonstrate a material change and they have now met those conditions of the order to vary. Before any motion, a case conference would be held.

            Comment

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