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  • Supervised parenting access agreement

    Does anyone have an example of a final order which involves a permanent supervised access agreement ( father has brain damage and convicted of assaulting kids)?

    Any canlii cases I can reference?

  • #2
    Murderers rarely get "permanent" incarceration so it stands to reason that Family Court would not provide an order such as this.

    For a start you may have to obtain current expert medical reports recommending it. That would be costly and time consuming.

    Children might have better chance of obtaining this through their own lawyer?

    You have indicated that you want the divorce to be finished soon. Adding this to the mix would only drag things out for a very long time.

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    • #3
      Originally posted by Stillbreathing View Post
      Does anyone have an example of a final order which involves a permanent supervised access agreement ( father has brain damage and convicted of assaulting kids)?



      Any canlii cases I can reference?


      Are you using a supervised access centre? I'm not sure you can get a permanent order for that however it stands to reason that at the review time he wouldn't be granted unsupervised if his visits did not go well. Best to have a third party supervise said visits. How old are the children?


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      • #4
        Youngest is 11, oldest 14. Visits have never gone well. Early on Have been supervised by a minister who refused to continue because of safety issues and he would not listen to redirection. Period of several years he abruptly stopped exercising access on his own to "teach the kids and the court a lesson". Currently supervised with relatives but kids now refusing to even speak to him.

        Oldest has gotten into several heated verbal shouting matches with him .

        Several professional reports including CAS recommending supervised access. One report quoted him as telling the assessor he sometimes " loses it and gets so angry around the kids he can't control himself".

        I would like him to have safe access to the kids. Not willing to risk their lives with unsupervised access. There is no cure for brain injury. The missing tissue does not regenerate or grow back and the scar tissue does not go away.
        Last edited by Stillbreathing; 06-29-2017, 09:11 PM.

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        • #5
          If there is a court order for supervised access why isn't a supervised access centre being used? This would be much better than relatives or friends. Access centres will provide reports. Although at 14 he most likely can't force a relationship, the issue will be with the 11 year old who will have to attend access if court ordered.


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          • #6
            There are no permanent orders in Family Courts. Supervised access for one has never intended to be permanent. _ANY_ final Family Court order can be changed if a material change in circumstances is proven. So essentially, every order is "permanent" until the other parent contests the order.

            What are these "shouting matches" between dad and child about ?

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            • #7
              Ex does not have a filter due to brain injury. When kids don't do what he wants he begins to threaten them that the judge will throw them into juvenile detention for life, judge will put me in jail, judge will put them in jail, they'll never be allowed to see me or each other again, the judge will be coming at the next visit with the police ....
              His threats go over like a lead balloon. Turns into a shouting match with kids leaving and doors slamming from all sides. His family member had to hold him back one time because he became so enraged.

              He does not take any responsibility for his actions. Tells them he didn't assault them because he wasn't convicted ( forgetting completely that they were present and vividly remember him assaulting them).

              He wants them to initiate all phone calls and apologize to him
              for making him so mad he decided not to exercise access for several years.
              Blames me, them, the court, the lawyers, my family, the teachers, the police, CAS, his doctors....everyone but himself. He himself needs 24/7 care due to his explosive rage, poor judgement and impulsivity.

              Very very sad.

              I have found a supervised access schedule that would work. Now just need a final order.
              Last edited by Stillbreathing; 06-30-2017, 06:20 PM.

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