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  • Enforcing a Court Order

    Hello everyone, I have a court order to have my son with me in Toronto for a period of 9 days a month. The mom lives in Ottawa and she is required to meet me half way in Napanee. I have a signed court order but the schedule has been tentatively accepted. I had my son on September 6 and the october visit was scheduled to occurr on Saturday October 4 2008. My son't mom is denying me this visit and saying October 18 would be better for her now. I work in the United States Monday to Thursday and I have arranged with my work to allowe me one week per month to work from home. Of course it is impossible for me to change that schedule at this point. The mom has provided no reason as to why October 18 works better for her now.

    How do I get my court order enforced at this point (given the short timeframe till Saturday). If I miss this opportunity I will not see my son for another month. My lawyer is away on vacation and I desperately need advice about what to do. I cherish this time with my son and to miss this opportunity would be devastating to both him and I.

    Thank you in advance for your time.

  • #2
    I do not see how you could enforce this in the short term.
    This is similar to the tactics we experienced, and it is all just a way to keep you from the child.
    I would send off a letter/email to her lawyer advising your position, and explain you cannot change the schedule at her whim, and hopefully he speaks to her, and advises her that it would be in her best interest to no go against a court order.
    If she continues to deny access and keep good documents like any you may send to her lawyer or your lawyer. There is a chance, albeit remote, that custody may change to the parent more likely to provide access to the non-custodial parent. IE you would be seen as the more accommodating parent and her NOT.
    I hope her lawyer makes her understand how serious this is, I would clearly state that you would be seeking a change in custody if she continues to go against the court order denying access, or changing it causing you an inability to exercise the same.

    God speed.
    FL

    Comment


    • #3
      Thanks FL. This is so frustrating for me cause I spent 18 months getting this court order (valuable time lost with my son) and even now she disobeys the order. My son't mom is truly one of the most vindictive people I have ever met. She is denying me access again. I am starting to feel hopeless cause she continues to deny me access to my son and I feel if the situation were reversed, the mother would be granted full custody. Is there anyway I can get full custody. I have done everything humanly possible to help this woman and my son too, went over the top and she continues to deny me access. It is truly remarkable that she can get away with this.

      Comment


      • #4
        I'm going to be the devil's advocate a little bit here, I do not mean to upset you further.
        I'm only doing this because we have been in these shoes, and we've seen how courts can perceive a custodial parent's desire to change scheduled access "occasionally". As I see it she is not flat out denying you access, she is trying to alter it to a date she knows darn well would mean you would not be able to take your son. From your perspective that's denied access, from her's it’s her trying to accommodate both parent's schedules.

        I know about your struggles, as I recall the many posts you had for help getting this order in place.
        If she completely denies access or refuses to honour the actual dates, then you have no choice but to return the issue to court and charge her with contempt of a court order. This can be a self rep. job or you can have your lawyer do it. File a motion of contempt, and the judge will most likely just give her a tongue lashing telling her she has no right to unilaterally change an order without the courts consent blah, blah, blah….
        Then you will have a permanent record of her actions, and should she do them again, you can file to have a change in custody given her pattern of denied access, defined with a clear access schedule and parenting plan, to show that you are indeed child centred and will accommodate the child’s access rights to the other parent.

        Harsh as this sounds, this is the way that the family law system works.
        It sucks the life out of the non-custodial parent, their cash as well, and can only verbally warn the custodial parent.

        Comment


        • #5
          Before the FRO the terrible aspect to family law was non-payment of child support with no consequences. Parents who perpetrated this shameful act were called deadbeats.

          The new terrible aspect is denial of access with no consequences. In my book the perpetrators of these acts are deadbeats also. Real consequences need to be established for this new type of deadbeat.

          Comment


          • #6
            Contempt of court actions are useless when against the custodial mothers. I was just reading a case (sorry didn't save the link) where a mother flatly denied access, defied court orders, was found in contempt of court, refused cooperation with OCL, refused to pay the fines, told the judge on his face that she was not going to obey him and much more. (I think she was also kept in detention for whole day until she agreed to speak with her lawyer). It took the court almost 3 years to order change of custody. So 350_dad, you are out of luck with your ex if you are simply going to rely on court orders to enforce themselves.

            If I were you, I would go all the way to Ottawa and demand access. Its worth to drive an extra 4 hours to be with your children. If she still refused, I would call the cops to enforce the court order. I know it sounds little radical but this might just work. Nobody wants cops knocking at their doors. And, if the cops refused to enforce the order, get an order to enforce the order by police.

            Don't miss a scheduled access because then you would be a) setting a precedence b) looking bad as she will say you didn't show up.

            Comment


            • #7
              Originally posted by singledad99 View Post

              If I were you, I would go all the way to Ottawa and demand access. Its worth to drive an extra 4 hours to be with your children. If she still refused, I would call the cops to enforce the court order. I know it sounds little radical but this might just work. Nobody wants cops knocking at their doors. And, if the cops refused to enforce the order, get an order to enforce the order by police.
              The Law on the prevailing issue...

              Section 36 of the Children's Law Act R.S.O. 1990 c C.12 deals with police involvement. In my humble opinion, Courts are reluctant to issue orders involving Police to enforce Access orders.


              Children's Law Reform Act, R.S.O. 1990, c. C.12

              Order where child unlawfully withheld

              36. (1) Where a court is satisfied upon application by a person in whose favour an order has been made for custody of or access to a child that there are reasonable and probable grounds for believing that any person is unlawfully withholding the child from the applicant, the court by order may authorize the applicant or someone on his or her behalf to apprehend the child for the purpose of giving effect to the rights of the applicant to custody or access, as the case may be. R.S.O. 1990, c. C.12, s. 36 (1).

              Order to locate and take child

              (2) Where a court is satisfied upon application that there are reasonable and probable grounds for believing,

              (a) that any person is unlawfully withholding a child from a person entitled to custody of or access to the child;

              (b) that a person who is prohibited by court order or separation agreement from removing a child from Ontario proposes to remove the child or have the child removed from Ontario; or

              (c) that a person who is entitled to access to a child proposes to remove the child or to have the child removed from Ontario and that the child is not likely to return,

              the court by order may direct a police force, having jurisdiction in any area where it appears to the court that the child may be, to locate, apprehend and deliver the child to the person named in the order. R.S.O. 1990, c. C.12, s. 36 (2).
              Application without notice

              (3) An order may be made under subsection (2) upon an application without notice where the court is satisfied that it is necessary that action be taken without delay. R.S.O. 1990, c. C.12, s. 36 (3).

              Duty to act

              (4) The police force directed to act by an order under subsection (2) shall do all things reasonably able to be done to locate, apprehend and deliver the child in accordance with the order. R.S.O. 1990, c. C.12, s. 36 (4).

              Entry and search

              (5) For the purpose of locating and apprehending a child in accordance with an order under subsection (2), a member of a police force may enter and search any place where he or she has reasonable and probable grounds for believing that the child may be with such assistance and such force as are reasonable in the circumstances. R.S.O. 1990, c. C.12, s. 36 (5).

              Time

              (6) An entry or a search referred to in subsection (5) shall be made only between 6 a.m. and 9 p.m. standard time unless the court
              , in the order, authorizes entry and search at another time. R.S.O. 1990, c. C.12, s. 36 (6).

              Expiration of order

              (7) An order made under subsection (2) shall name a date on which it expires, which shall be a date not later than six months after it is made unless the court is satisfied that a longer period of time is necessary in the circumstances. R.S.O. 1990, c. C.12, s. 36 (7).


              When application may be made

              (8) An application under subsection (1) or (2) may be made in an application for custody or access or at any other time. R.S.O. 1990, c. C.12, s. 36 (8).



              lv

              Comment


              • #8
                Singledad, we did this very thing, showed up in Ottawa on our scheduled dates, and mom and the child were no where to be found, and no one was answering the phones or doors.
                So we took our court order to the local police department to have them enforce it. They told us that this was a family issue and unless the order specifically states that the police have the right to enforce the order they will do nothing. The cops went on to say, :"you really don't want to have to pick up your child with us present do you?", We're like Heck YA!, otherwise we will have travelled 12 hours for a scheduled access for nothing. We did this several times to no avail.
                And we also tried the contempt of court order route, still nothing, it's a hard road to travel, but we perseverated, thinking that some day the child would see that we tried, but mom was the denying force. We have nothing now. No visitation, no phone contact, no email replies to our many sent. No replies to the many letters still sent no replies to anything except to go away the child wants nothing to do with dad. Who's thought process is that? The child's? I think not. We went into debt trying to fight this in court, and claimed bankruptcy as well. We had a psychological assessment ordered for PAS we had OCL order to involve a lawyer for the child, mom did not fill forms so OCL withdrew, we got a second order for OCL involvement, again mom did not finish paper work. Took mom to court, judge basically did nothing we went our separate ways expecting to go to court for trial. It’s a hard road, as I've said when you have to deal with a person that is so vindictive that it eats away at their every waking moment. How can a person win this fight?
                You have to make the choice to pursue this in court as that IS your only option, we had nothing left to fight with, or you can bet we'd still be in court fighting. We had two other children to consider too, we basically put their needs and lives on hold to fight a never ending battle. The choice is yours to make, and it's not going to be easy, but if you win, it'll all be worth it.
                It sounds like she'd rather have you completely gone, not the money of course, that you can continue to send to help her have fun in her new life.
                Man did that ever sound bitter, sorry!
                But it get a point across!
                Last edited by FL_Needs_To_Change; 10-01-2008, 06:57 AM.

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