So a question was posed to me today, and I'd like to get opinions on the options in the situation.
Father lives in Alberta, mother in Ontario, child lives with the mother, and is 12yrs old I believe.
In the near future the father will have the opportunity to visit his child and intends to spend the week bicycle riding with him. Unfortunately the fathers dad was killed a long whole back while riding a bicycle. The mother is stating that due to this, his family obviously doesn't know proper bike safety, and she has decided she will withhold access.
Past experience with the mother makes him suspect she will hold to this, and likely call the cops on him if he attempts to pickup his child. As per his court order he is entitled to several weeks in the summer with the child, with all the normal sufficient notice rules, which he has given.
Based on what I've seen and read, I recommended that he show up to pick up the child as per the notice he has given (he has to go to Ontario for another reason anyhow), and if he is refused, he should go to a courthouse and see about an emergency motion. He should be using the time between now and then to figure out what he needs for that.
Warned of course to not be aggressive or overly confrontational due to the possibility of police involvement, and to have a recording device of some sort to record their interaction in the event she tries to lie about them to the police.
Any alternative or better options out there? The emergency motion would likely eat up several days, if not the duration of his trip unfortunately, if it's needed, due to having to wait for it to occur.
Father lives in Alberta, mother in Ontario, child lives with the mother, and is 12yrs old I believe.
In the near future the father will have the opportunity to visit his child and intends to spend the week bicycle riding with him. Unfortunately the fathers dad was killed a long whole back while riding a bicycle. The mother is stating that due to this, his family obviously doesn't know proper bike safety, and she has decided she will withhold access.
Past experience with the mother makes him suspect she will hold to this, and likely call the cops on him if he attempts to pickup his child. As per his court order he is entitled to several weeks in the summer with the child, with all the normal sufficient notice rules, which he has given.
Based on what I've seen and read, I recommended that he show up to pick up the child as per the notice he has given (he has to go to Ontario for another reason anyhow), and if he is refused, he should go to a courthouse and see about an emergency motion. He should be using the time between now and then to figure out what he needs for that.
Warned of course to not be aggressive or overly confrontational due to the possibility of police involvement, and to have a recording device of some sort to record their interaction in the event she tries to lie about them to the police.
Any alternative or better options out there? The emergency motion would likely eat up several days, if not the duration of his trip unfortunately, if it's needed, due to having to wait for it to occur.
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