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  • Not listening to court order

    My ex and I have a court order when she was still living in the same city that it was 60/40 access. She ended up moving to another city 3 1/2 hours away about a year ago.

    In that time, she has seen him about 5 times. Now all of a sudden, she is expecting to have him week on week off arbitrarily and that I need to follow the court order.

    I am searching for a lawyer now, but in the meantime. My response was you moved away, that is a mitigating change of circumstances and therefore we need to go back to court. You cannot say I need to follow an order when you yourself moved away.

    Is it fair that I do not give him to her till we get a new order. Given that Covid is an issue, getting to court is going to be hard. Her past experience is that she has been violating court orders in the past so I could sees her keeping her as long as she wants. We also have been assigned the same judge to deal with her.

  • #2
    If you have an existing court order that is what needs to be followed. If you have proof that your ex is not following current Covid-19 protocol and social distancing you may have grounds for an urgent motion, otherwise you will have to comply with the most recent order until the courts open up again.

    Comment


    • #3
      Thanks for the input. If that means any anything, I got in touch with a lawyer this afternoon and can provide more details.

      Technically our order states that she has him from Wednesday to Saturday morning. However, given that she has seen him about once a month in the past 2 years...and she has moved. The order itself in it's current state is not even realistic to be doing 3 exchanges per week between cities. It is roughly 300KM between us.

      The recommendation is that we give her a consent order stating that she sees him every other weekend from Friday to Sunday night. We meet halfway between our cities to drop off. We also include a police enforcement clause as she has a history of not listening to orders.

      If she does not comply, she can try and apply for an emergency motion and even then it will go to our case management judge to review and know the full history of her erratic time.

      Your thoughts?

      Originally posted by Stillbreathing View Post
      If you have an existing court order that is what needs to be followed. If you have proof that your ex is not following current Covid-19 protocol and social distancing you may have grounds for an urgent motion, otherwise you will have to comply with the most recent order until the courts open up again.

      Comment


      • #4
        Originally posted by FirstTimer View Post
        ...
        The recommendation is that we give her a consent order stating that she sees him every other weekend from Friday to Sunday night. We meet halfway between our cities to drop off. We also include a police enforcement clause as she has a history of not listening to orders...

        That seems a reasonable approach, given the circumstances. What was her reason for moving *away* anyway, and why did she not suggest something like that before?


        How old is child?



        Was there child-support payable before, and what happened with that when she moved away?


        The lawyer's recommendation seems like a valid route. If she doesn't like it, let her take you to court, and explain her actions.

        Comment


        • #5
          We were last in court in Oct, 2017 at which time the judge had said that we follow the order but if she violates it that she would lose access.

          7. Should the child, while in the Applicant’s care, miss school on two events for more than any two days, not two consecutive days, for reasons other than the provisions in clause 5 above, the Applicant’s parenting time will be suspended entirely until further Order of this Court.

          11. Should the Applicant breach any terms of the Orders granted in this matter, the Respondent may bring an Application against the Applicant for contempt and the Applicant shall show cause as to why she should not be held in contempt.

          14. The Applicant is prevented from bringing any further Applications before the Court to vary parenting of the child until such time as she has:
          (a) provided her financial disclosure;
          (b) paid any outstanding costs that have been awarded against her;
          (c) obtains a report from a Psychologist registered with the Psychology Association of Alberta or any other designated body in Alberta that speaks to and evaluates any parenting issues she may have.

          She has not paid child support in 3 years. I actually took her off MEP because she was basically rock bottom to the point she had her passport and license taken away.

          Child is 9 years old.

          She moved because she needed a "fresh start".

          So if she stopped following the order aka only seeing him 1-2 times a month and then moved away completely, would that be considered doing #11?


          Originally posted by dad2bandm View Post
          That seems a reasonable approach, given the circumstances. What was her reason for moving *away* anyway, and why did she not suggest something like that before?


          How old is child?



          Was there child-support payable before, and what happened with that when she moved away?


          The lawyer's recommendation seems like a valid route. If she doesn't like it, let her take you to court, and explain her actions.

          Comment


          • #6
            She will not be found in contempt for not exercising her access rights.

            Comment


            • #7
              So basically, the fact that when she had him that one month after our court date and didn't take him to school. She is in contempt if I bring up the school records?

              Originally posted by Stillbreathing View Post
              She will not be found in contempt for not exercising her access rights.

              Comment


              • #8
                If she is the one that moved, you should Not have to do any transportation. My husband's ex filed a false police report to escort him out of the marital home. He moved to a different city in the whole situation and for a better job. He has the child every other weekend. When he asked for shared transportation, his ex refused and the case conference judge and lawyers said "Legally, he has to do all the driving because he is the one that moved."

                Comment


                • #9
                  So the last time you were in court was before she moved away correct?

                  She moved away creating a material change in circumstances. She is also taking advantage of the situation where your child is out of school.

                  I agree with the lawyer that you offer her the consent time and if she refuses then you tell her to file a motion to change since she has moved away. You should also remind her that she needs to meet the clause about future applications and paying her costs.

                  She’s not in contempt for moving. Don’t waste your time or money on that.

                  When the courts open again I would be filing a MTC to lay out parenting time in light of her move.

                  Comment


                  • #10
                    Yes. The order was done in Dec 2017, she stayed in Edmonton but didn't exercise her rights. Another thing, she didn't even show up for court, her lawyer did and he agreed she needs mental help...hence the clause about therapy. Obtains a report from a Psychologist registered with the Psychology Association of Alberta or any other designated body in Alberta that speaks to and evaluates any parenting issues she may have.

                    Yeah, she doesn't take no for an answer. She was like I'll be here Sunday to pick him up..if not I will get the police. I want week off week on. Too bad. Even if it was the old schedule...Sunday isn't even your exchange day...

                    Originally posted by rockscan View Post
                    So the last time you were in court was before she moved away correct?

                    She moved away creating a material change in circumstances. She is also taking advantage of the situation where your child is out of school.

                    I agree with the lawyer that you offer her the consent time and if she refuses then you tell her to file a motion to change since she has moved away. You should also remind her that she needs to meet the clause about future applications and paying her costs.

                    She’s not in contempt for moving. Don’t waste your time or money on that.

                    When the courts open again I would be filing a MTC to lay out parenting time in light of her move.
                    Last edited by FirstTimer; 04-21-2020, 03:42 PM.

                    Comment


                    • #11
                      Your lawyer’s advice was sound. Just so you know, the police will not act to force an exchange without an order and even with a police Enforcement order they will not always enforce it, so don’t worry about her threats in that regard.

                      Comment


                      • #12
                        Thanks everyone!

                        Comment

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