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  • I need some advice on what to do here.

    My ex and I are parents of a 3.5 yr old daughter. I’m representing myself. I have a Settlement Conference in early Sept. We separated almost 1 year ago. I was charged with domestic assault ‘out of the blue’ and am currently fighting these charges in Criminal Court (Assignment Court in late June). I was alienated from my daughter for 6 months until we went to a Case Conference were I was granted three 1 hour visits at the Salvation Army's Supervised Access Center. I then created a motion for more access and was granted 6 hours every other Saturday, unsupervised, exchanges to take place at the Access Center due to my bail conditions. On Easter weekend my ex canceled the visitation stating she “had plans”. The last time I was in Family Court, I was asking for overnight access to our daughter. I was granted Saturday at 10:30 am till Sunday at 4:00 pm every other week and starting July 2nd from Friday at 4 pm till Sunday 4 pm every other week. At that motion the judge did not seem impressed that my ex made no effort what so ever to provide me with access to our daughter during the six months prior to the Case Conference and made a point that a visit should be canceled ONLY for emergency medical reasons. She also said that these visits should go as planned and she did not want to hear any excuses. I have had problems with court orders being brief so I requested that the court order be very detailed. It says that a canceled visit must be accompanied with a doctor’s note showing emergency medical needs and that a make up visit must be made for the following weekend. It also says that if the Access Center is not available that a 3rd party must conduct the exchange of our daughter, we agreed that my ex’s mother would do the exchanges.
    After making a complaint to the OPP about the condition of the vehicle my ex was transporting my daughter in (see my other posts for more info on this), the OPP got the CAS involved because they were concerned that the bickering back and forth was affecting our daughter. The CAS called me and asked me to voluntarily cancel my visit with my daughter, I refused. The next day the Access Center called me and advised me that their policy was not to do any exchanges or visits while the CAS has an open investigation. That was a Friday morning (April 30th), the day before a scheduled exchange. I was unable to contact her lawyer to arrange an exchange with a 3rd party before the end of the day. I wrote her lawyer an email during the weekend requesting a make up visit be arranged for the following weekend. He advised me that he was unable to suggest a make up visit with his client due to the fact that CAS was involved and feared for the child’s safety. On May 10th the CAS came and interviewed me at my apartment. The CAS told me there were 2 investigations. One was suggested from the OPP and was just about to close. The other was from an undisclosed party that was concerned as to the reason why my 3.5 yr old daughter has started pooing her pants after several months of successful potty training. That investigation was to close on May 27th.
    On Thursday May 20th the CAS called me and told me that both files have been closed. I called the Access Center and told them the good news. They called the CAS and confirmed that both files have been closed. Yesterday, (May 26th) I called the Access Center wondering as to the status of the exchange that is due to take place this weekend. They informed me that they are unable to get confirmation from the other party. I wrote my ex’s lawyer and informed him of the situation and asked if he could possible contact his client and let her know that the Access Center has been trying to contact her. He has not wrote me back yet.
    This will be the 3rd visit in a row that my daughter has not been able to visit with me, almost a month and a half now. My hands feel tied here and I am getting very frustrated with all the little games my ex is playing. She is taking advantage of every little excuse she can to avoid me from seeing our daughter. If this visit doesn’t go as ordered this weekend, what, if anything should I do? A make up visit for next weekend is out of the question, I now have legal obligations every other weekend that I must attend for the next 2 months. I was charged with breach of bail for not changing my address with the courts, I'm sure I can fight it and win, but cannot afford the legal fees.
    As sad as it sounds, I am expecting CAS to get involved again soon, just so I miss more visits.
    Sorry about the novel, but I wanted to make sure I explained everything.
    Thanx again for all the advice on this forum, it has been really helpful so far.
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