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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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  #1  
Old 06-10-2019, 01:58 PM
DDM DDM is offline
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Default Who would be "Qualified Professional"?

I am seeking to extend my visitation with my son. My ex and I attended Parent Coordination and were unable to come to an agreement. We got an Arbitration Settlement that stated:

"The Father shall have access on alternating weekends from Friday after school to Sunday at 6 pm once a qualified professional chosen by the Father and approved by the Mother has conducted home visits at the Fatherís home and is satisfied that the Father is able to care for (son's name) on his own and that the Fatherís home environment is suitable for (son's name).

My ex is insisting that we go through the whole PC process again to full fill this stipulation. I am hoping to obtain the services of a professional that can complete the requirements without a full mediation. Is this an assessment that can be done by a Children's Aid service? What other 'professionals' could supply this service?

Thanks in advance for your recommendations.
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  #2  
Old 06-10-2019, 02:43 PM
standing on the sidelines standing on the sidelines is offline
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ok I am confused. When you were on here before it was in regards to your son and grandson. It seems like it is the same situation so it it actually for you or is it for your son?
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  #3  
Old 06-10-2019, 02:53 PM
HammerDad HammerDad is offline
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That is a garbage clause. Who the hell insisted on that being in there? Is that something you actually agreed on?


You realize that no professional will be approved by your ex as there is no benefit for your ex to approve of one. That clause is a recipe for disaster and unnecessary legal fees.


As for a "qualified professional", I am not even sure there is such a thing for this. I guess you could have the CAS do a home visit on your home and see if they will provide you with a report. But other than that I don't know what type of "professional" there would be for such a thing.
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Old 06-10-2019, 03:03 PM
iona6656 iona6656 is offline
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how old is your son?

what's the access/visitation like now? If it's supervised- why?

"qualified professional" probably means someone who can handle a section 30 assessment- a social worker maybe.

what was the purpose of that clause in the first place? meaning- what was the concern that triggered it?
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  #5  
Old 06-10-2019, 04:30 PM
DDM DDM is offline
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I'm sorry for the confusion. My son has asked me to help him find the information. This is the same case I posted about in Oct.2018. It is never ending. If I remember the last I posted, my son was visiting his son at his ex's home for 2-3 hours on Sundays. In February she informed him they could no longer accommodate him and he would require to arrange further visits at YMCA Access Centre. My son has filed a Motion to Change. As his Arbitrated Settlement required an in home visit, my son is considering having an in home visit (assessment?) done as part of his "proposal to resolve".
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  #6  
Old 06-10-2019, 04:36 PM
DDM DDM is offline
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No one actually insisted or requested this clause. It was the decision of the arbitrator. My son had asked for non-supervised access. His wife asked for Access Centre supervision.
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  #7  
Old 06-10-2019, 05:00 PM
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My son is 40.

He has not seen his son since Feb. He is very reluctant to visit in an Access Centre as he feels it sends the wrong message tonhis son - that he is not safe alone with his Dad, that his Dad may harm him. I don't know if that is the right decision? It's tough both ways.

In 2010 my son and his wife had a verbal altercation during pick-up. She denied access, citing mental health concerns. Months later she agreed to resume access if I (grandmother) supervised. My son has been trying for 8 years to have it changed. Due to his limited funds it has been a struggle for him. He was not able to finish the PC process as he ran out of money. By the time he was able to settle his account with the PC, his wife refused to continue and requested the case be arbitrated.
I think the purpose of the clause was due to the fact when my son was unable to continue the PC process, the only thing left to do was a home visit and the PC believed if he passed the home visit he should be given unsupervised access.
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Old 06-11-2019, 09:58 AM
iona6656 iona6656 is offline
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Quote:
Originally Posted by DDM View Post
My son is 40.

He has not seen his son since Feb. He is very reluctant to visit in an Access Centre as he feels it sends the wrong message tonhis son - that he is not safe alone with his Dad, that his Dad may harm him. I don't know if that is the right decision? It's tough both ways.
has he visited the access centre? there are private ones that are just like play gyms.

has he asked that you supervise the visits?

Quote:
In 2010 my son and his wife had a verbal altercation during pick-up. She denied access, citing mental health concerns. Months later she agreed to resume access if I (grandmother) supervised. My son has been trying for 8 years to have it changed. Due to his limited funds it has been a struggle for him. He was not able to finish the PC process as he ran out of money. By the time he was able to settle his account with the PC, his wife refused to continue and requested the case be arbitrated.
were there charges laid? was there an actual threat to the son? I mean- c'mon- 8 years? what did he say?

ARE there mental health issues?

How exactly has he tried to get it changed?

I'm confused by this. 8 years of supervision is long. My daughter's visits with her dad have been supervised for just over a year- and he threatened to kill her. And supervision will likely be removed soon...so I mean. this seems excessive. UNLESS- it's not.

Why did you stop supervising?

Has he been living iwth you- and your grandson comes over for the weekend? or days during the week?

Quote:
I think the purpose of the clause was due to the fact when my son was unable to continue the PC process, the only thing left to do was a home visit and the PC believed if he passed the home visit he should be given unsupervised access.
Okay- so instead of fighting this- if it moves it along- get someone to do a home visit. does he get unsupervised after?


I would just get a section 30 assessor to do a home visit to give it the thumbs up?

Send his ex- three along with their CVs. Get her to choose.

Do you think there is going to be an issue with the home visit?
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  #9  
Old 06-11-2019, 09:16 PM
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Quote:
Originally Posted by HammerDad View Post
As for a "qualified professional", I am not even sure there is such a thing for this.
In Ontario, anyone who is an assessor for Section 30 could do it.

https://familysolutionstoronto.ca/te...e-vanbetlehem/

As an example.

Not cheap though. Hard to disqualify Vanbetlehem as a qualified professional to do that.
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  #10  
Old 06-12-2019, 10:53 PM
tunnelight tunnelight is offline
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Any custody evaluator could do that.
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