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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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Old 02-15-2010, 09:31 PM
Mouse_117 Mouse_117 is offline
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Default Having a court order looked at by a Judge for Clarification

Hi Everyone,

I am just wondering if anyone knows if there is a way to have a Judge review a court order to make a clarification or a more defined ruling on a specific section on a court order that was made just last Spring.

The court order states the child is to be with the Father the first and third week of the months of July and August and that all other weekend access shall be suspended for these two months.
Upon looking at this order (this section of the order was not written by a Judge but by the other parties Lawyer) I realize it does not state when or how regular weekend access is to resume.

This year for example, Father will have the first and third weeks and then the next weekend with the Father would be the last weekend of August, but the order is stating this is suspended. So I am unclear if regular weekend access resumes by switching weekends at that point and starting new by Father having child first weekend in September rather than second weekend in September or what.
It has been clearly overlooked that with no specific date set to when weekend access shall resume again leave is open for Mother to make up rules and say that Father just misses that last weekend in August and weekends resume as normal which would mean Father and Child would not see each other from August 20th to September 10th which is a very excessive amount of time.

I just want a Judge to look at this and clarify when the weekends should resume. I do not want the order changed in any way unless it needs to by in a Judges eyes to balance things out. Is there any way to have this addressed without having to go through all the court process and waste time and money over something that may no be changed but just be made clearer by setting a weekend access resume date?

Anyone else ever had something like this that needs to be clairfied??
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Old 02-15-2010, 09:49 PM
Mess Mess is offline
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I can't answer your question about judge's, but I don't see any problem with the wording of the order. The weekend visits are suspended for July and August.
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Old 02-15-2010, 09:57 PM
Gary_P Gary_P is offline
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Why do you need a judge? ... talk between yourselves and work it out.

I simply cannot imagine where two people that were once married, (or had feelings enough for each other to make a child), cannot take 5 minutes to cooperate and work out wether he can see the kids on a Saturday / Sunday in August.

Get a grip on reality and talk to each other. At least do it for that poor kid in the middle of all that conflict.
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Old 02-15-2010, 10:05 PM
standing on the sidelines standing on the sidelines is offline
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Quote:
Originally Posted by Gary_P View Post
Why do you need a judge? ... talk between yourselves and work it out.

I simply cannot imagine where two people that were once married, (or had feelings enough for each other to make a child), cannot take 5 minutes to cooperate and work out wether he can see the kids on a Saturday / Sunday in August.

Get a grip on reality and talk to each other. At least do it for that poor kid in the middle of all that conflict.
Great advice. Does it really matter what weekend the visits start up again??
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Old 02-15-2010, 10:12 PM
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dadtotheend dadtotheend is offline
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Some folks (my ex was one of them) seem to think that once it's in the hands of the courts, that's it's out of their hands. They don't understand that the court wants them to work it out themselves and doesn't want to be involved.

Yes, work it out yourselves. If you can't agree on such a minor detail, one has to wonder what the prognosis is for the kids. Get it together.
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Old 02-15-2010, 10:19 PM
#1StepMom #1StepMom is offline
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Mouse, the way it would work is like this...

The every-other-weekend access is suspended for July and August, therefore it is put on hold. So whatever the next weekend would have been had the month not come to an end, that's the weekend it would be come the first weekend in September.

Does that make sense?

So for example, if on the last weekend of June it was your ex's time with the child, then on the first weekend of September it would be your time, and he would then have the child for his weekend on the second weekend of September.

Hope this helps! :-)

(At least, this is how it was explained to my husband and I by the judge when we were deciding on summer access.)
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Old 02-15-2010, 11:10 PM
Mouse_117 Mouse_117 is offline
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It was always nice to know I can could come to a place where I have had for the most part understanding advice.

This time however everyone seems to think I have asked a stupid question by telling me to get a grip and such..
I would love to work this out but my ex has called the police on me over 10 times filing false police reports since I contested a move of the child to which I lost and was to have unlimited telephone access with the child which is not being allowed but rather the police being called on me saying that she is claiming harassment because I send one text message a night two or three times a week to ask to speak to the child, there is no talking between us only writing in a communication book to which I can write things and it will just never be responded to. I can only do so much.. so "get a grip" is a little harsh respone when you don't know the situation. I try on a regular basis for my childs sake but there is only so much I can do, I can not force my ex to speak to me and I cannot change this situation by myself.

I understand the weekend access is "simple" and that the weekends in July and August are suspended. If you re read the original post, you will see I am trying to figure out when regular weekend access commences for September. And yes it does matter when weekend access starts again as there is a distance between me and the child and it will mean going 21 days not seeing my child rather than the already unfair 11 days that currently go on. So it matters to me.
I didn't think this was a place to be Judged.. I guess I was wrong.

Thanks #1StepMom.. your response was the only one that didn't assume many things about the situation that others clearly don't understand. This does make sense, but unfortunately this was not explained to us while we were in court and the Judge did not state when the access would commence after July and August. I will try explaining this in the communication book and hope that that resolves the issues. I was just looking for some direction from others who have had similar experiences. Thanks again.
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Old 02-16-2010, 12:05 AM
billiechic billiechic is offline
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I think it is a matter of interpretation. Obviously you will want it to start ASAP (first weekend in September for you), and your ex is likely to want it the other way. If you still have a lawyer then you should get their opinion and perhaps have a letter stating what you believe it means sent to your ex.

If he doesn't agree you might want to think of mediation before going back to court as it *could* look like you are bickering over something very small. I do know that missing time is NOT a small thing at all.

Good luck.
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Old 02-16-2010, 12:12 AM
Nadia Nadia is offline
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Hello Mouse 117

Lack of clarity in court orders is not something unusual or uncommon. Your predicament should not be shrugged off lightly.

We found ourselves in a similar situation with some very ugly consequences. In our court order it clearly states that the applicant father should resume his weekend access beginning with the first weekend after New Years Day. Given that his normal weekend access is defined as Friday through to Monday morning, I assumed that is what it referred to just that. New Years Day fell on a Friday this year, which meant the next weekend access would begin the following Friday (January 7-10).

However, my ex-spouse saw it very differently. As far as he was concerned, it began on the Saturday after New Years Day.

I dropped off the children at their father's house the following weekend as planned. On the Tuesday night at 10pm (after his weekend access), we had police banging on my front door claiming that the father had been denied overnight access to his children. He normally has a Tuesday mid-week visit the following week after my weekend. On the Wednesday morning I went into the Police Station to sit down with the staff sergeant and go through the court order. He was content that no access had been denied.

On Friday night at 10.30pm we had police banging on my front door again. Again my ex-husband claimed he was being denied his weekend access (although he has just had the children the previous weekend). Apparently, he had convinced the police sergeant the previous weekend had been a make-up weekend for the weekend he had missed beginning on January 2nd. Anyway, after another two phone calls and another visit to the police station, this time to meet with the Chief Inspector, the matter was cleared.

The Chief Inspector made it very clear to me that the Court Order was simply not clear enough. It could be interpreted as weekend as in beginning on a Saturday or as I argued beginning on a Friday.

If I was you, I would try and get it clarified. In high conflict situations like mine and yours you simply can not afford to make any assumptions.

Good luck
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Old 02-16-2010, 12:16 AM
#1StepMom #1StepMom is offline
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I can understand not wanting to be judged. After all, don't we all experience more than enough judging in court?

When you explain your interpretation of the order to your ex, and ask whether he agrees, do you think he'd be receptive to a request for 1 additional weekend, or a weekend swap, that would reduce the amount of time between visits?

Even if not, 21 days is not too bad. It goes by very quickly and the kids rarely notice that it's been an extra week without a visit. They are resilient little munchkins. ;-)
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