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Is this grounds for an emergency motion?

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  • Is this grounds for an emergency motion?

    My ex has our child for Boxing Day and just told me that he wanted to bring down his family from a different city to spend the day with them. I told him a firm no saying that there is a provincial lockdown starting Boxing Day and my ex straight up told me not to call the cops. There was 17 confirmed cases not even 10km away from their house and he doesn’t care. He completely plans to break the lockdown laws with our son even after me informing him.

    Is this ground to file an emergency motion to have him stay in my care for the duration of the lockdown because my ex straight up doesn’t want to follow not only the laws but wants to put our son at risk AND have him participate in breaking the law.

  • #2
    No its not. There have already been a few cases where a parent tried this. If you are worried about getting it then leave kid with their other parent for the 14 days.


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    • #3
      I’m worried about my ex blatantly saying he was going to break the law with our son.

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      • #4
        Originally posted by DantebeaR View Post
        I’m worried about my ex blatantly saying he was going to break the law with our son.

        Well lock him up then!

        This is a little hysterical. It’s technically a public health order and he is subject to a fine. Is he wrong to gather people outside is household? Yes. Is it as serious as committing murder, drinking and driving or robbing a bank? No. If the police were called he would get a $900 fine and they would go on their merry way. No jail, no arrest, no handcuffs. Speaking of which, do you think it would be better for your child to witness their dad being arrested and carted off? Is that what you are hoping for?

        He may also be doing this to get you going and piss you off. Again, best advice is let it go and chalk it up to his stupidity.


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        • #5
          No. Read this:

          https://www.ottawadivorce.com/forum/...ad.php?t=13291

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          • #6
            Originally posted by DantebeaR View Post
            Is this ground to file an emergency motion to have him stay in my care for the duration of the lockdown because my ex straight up doesn’t want to follow not only the laws but wants to put our son at risk AND have him participate in breaking the law.
            The damage to you son from having his parents litigating in court will far outweigh any potential damage from COVID.

            This even assumes that you would win an urgeny motion. Presumably you have a compromised immune system, and you have not left the house since March. Otherwise, your position is going to be weak.

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