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iona6656 · #11 03-26-2020, 09:54 AM

Quote:

Originally Posted by Stillbreathing

Glad a judge made this ruling quickly as I�m sure many people were taking advantage of the current situation or simply letting irrational fear rule their actions.

You would not believe the amount of family members [mostly nosy aunts and uncles- not immediate family. thank goodness]- messaging me saying I shouldn't send my daughter....silly. Her dad and I have discussed ground rules via OFW. There is no perfect situation.

Tayken · #12 03-27-2020, 04:58 PM

Jeff please sticky this one. I created a clean thread with the info.

https://www.ottawadivorce.com/forum/...ad.php?t=23077

seeker101 · #13 03-29-2020, 06:14 PM

Quote:

Originally Posted by Tayken

Jeff please sticky this one. I created a clean thread with the info.

https://www.ottawadivorce.com/forum/...ad.php?t=23077

Sorry I posted in your sticky/clean thread before realizing there was this thread.

Anyways, as I mentioned in my original post, in my situation, there is no court order for parenting time right now, but I had been seeing my child EOW. A motion for access was scheduled in first week of April, which has now been adjourned to August timeframe.

Since last week, the mother unilaterally decided all access should be terminated due to covid-19 situation, although she is offering phone access, which technically means she is not denying access. I assured her I'm following all the health guidelines and even working form home. I pointed out risk is virtually the same in both households, even transportation is thru private vehicle... she wouldn't budge.

I liked the suggestion mentioned above of sharing this case law with the opposing counsel and threatening emergency motion to reinstate my access. Let's see if this will pressure the ex into dropping this unreasonable stance.

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lulubuttons · #14 04-03-2020, 04:37 PM

As suspected, my husband's ex is using this situation to her advantage to completely cut off all access.

We've followed the advice suggested on here....but she still says no.

Kid is 15 though so do we bother with an emergency motion?

Helpmyspouse · #15 04-03-2020, 07:44 PM

I would think yes since the child is still a minor.

Tayken · #16 04-03-2020, 11:25 PM

Quote:

Originally Posted by lulubuttons

As suspected, my husband's ex is using this situation to her advantage to completely cut off all access.

We've followed the advice suggested on here....but she still says no.

Kid is 15 though so do we bother with an emergency motion?

Bring an emergency motion and provide the case law in a book of authorities. Your chance to win full costs on this is high and you can make a strong statement to the other parent to comply with court orders.

Do not hesitate. Act now. Lawyers may even take this on without up-front payment as the costs aware is so easy to get. Especially if you provided the case law ahead of the emergency motion.

lulubuttons · #17 04-04-2020, 10:59 AM

Thank you.

seeker101 · #18 04-24-2020, 11:36 AM

Quote:

Originally Posted by seeker101

Anyways, as I mentioned in my original post, in my situation, there is no court order for parenting time right now, but I had been seeing my child EOW. A motion for access was scheduled in first week of April, which has now been adjourned to August timeframe.

Since last week, the mother unilaterally decided all access should be terminated due to covid-19 situation, although she is offering phone access, which technically means she is not denying access. I assured her I'm following all the health guidelines and even working form home. I pointed out risk is virtually the same in both households, even transportation is thru private vehicle... she wouldn't budge.

I liked the suggestion mentioned above of sharing this case law with the opposing counsel and threatening emergency motion to reinstate my access. Let's see if this will pressure the ex into dropping this unreasonable stance.

Sent from my ONEPLUS A5010 using Tapatalk

Update: After a month of frustrating negotiations and filing an emergency motion, I finally obtained an order for access on consent.
While the Pazaratz ruling alone and a mere threat of motion got the mother to back away from total access suspension, she wouldn't agree to a reasonable mid-week access. When I actually filed an urgent motion and the judge set filing deadline, a day before the deadline, that's when the mother settled the motion (completely in accordance with the orders I sought).

What I am also proud of is the fact that I was able to completely resolve this on my own as an unrepresented party, thanks to the advice/suggestion of the members here, thereby saving a couple of thousand dollars that would have been needlessly spent.

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cranberry · #19 04-24-2020, 02:03 PM

As soon as the urgent motion papers hit my ex's lawyer's office, my kids were home within hours. This lawyer allowed his client to play his game, almost felt like he was encouraging it. But as soon as he knew he would loose the motion, he istructed my ex to get the kids home asap!

My lawyer gave me a 50% discount on her fees too.

seeker101 · #20 04-24-2020, 02:29 PM

Quote:

Originally Posted by cranberry

As soon as the urgent motion papers hit my ex's lawyer's office, my kids were home within hours. This lawyer allowed his client to play his game, almost felt like he was encouraging it. But as soon as he knew he would loose the motion, he istructed my ex to get the kids home asap!

My lawyer gave me a 50% discount on her fees too.

Yep. Same thing on my end. What's funny is that my ex messaged me saying she will "definitely" not allow mid-week overnights. Within 2 days, when it became apparent that motion will proceed, I received an email from her lawyer stating that her client is prepared to facilitate the requested access

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