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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 02-01-2008, 12:25 PM
Fedup&Tired Fedup&Tired is offline
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Default Witholding info

I know I have alot of questions today. Sorry about that, but I am finally waking up from what seems to have been an awfull nightmare. Better late than never my current wife states. To be quite frank, I hardly remember my court proceedings back in 2004 as I was dazed and confused and totaly relied on my lawyer as I just wanted to get the drama over with. This negligence led me to lose everything I had along with my confidence and self esteem issues. My current wife is helping alot with these issues. When I moved, we revised the final order for her to have full custody of the children. Why, because my youngest has chronic medical problems and did not want to jeordize his "health" so we figured if she has full custody, then I do not need to be contacted for emergencies, etc.. Now my question is this: he has been seeing a therapist, been to the hospital, etc... and when I ask her info about him she refuses to give me any information. I asked to get the therapist name he was seeing to see if I could help in any way, asked for reports from the hostipal and told me "I am not telling you, it's none of your business". I refused to argue with her so I hung up the phone. Is this legal? Is this what it means to have full custody?
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Old 02-01-2008, 01:15 PM
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FL_Needs_To_Change FL_Needs_To_Change is offline
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Despite the fact that she has full custody, your rights did not stop.
You have the right to all school and medical information it is in the laws governing divorce and family. I'd get a motion to have the laws written into your order so that if she does not provide them that you have recourse IE Contempt of a court order.

In the interim I'd keep asking and maybe she'll just give them to you to get you to stop asking.

Good Luck
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Old 02-01-2008, 03:20 PM
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Default Hi There

Sole custody just means that she has the right to make decision in case of emergencies without waiting for your consent.By law she has to give you the information about the kids medical records etc etc .
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Old 02-01-2008, 08:47 PM
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Bring forth action to have the spirit and intent of the provincial and federal statute reflected in an order.

In Ontario, the law is clear:

See 20(4) 0f the Children's Law Reform Act

http://www.e-laws.gov.on.ca/html/sta...c12_e.htm#BK23

Where parents separate

(4) Where the parents of a child live separate and apart and the child lives with one of them with the consent, implied consent or acquiescence of the other of them, the right of the other to exercise the entitlement of custody and the incidents of custody, but not the entitlement to access, is suspended until a separation agreement or order otherwise provides. R.S.O. 1990, c. C.12, s. 20 (4).

and 20(5)

Access

(5) The entitlement to access to a child includes the right to visit with and be visited by the child and the same right as a parent to make inquiries and to be given information as to the health, education and welfare of the child. R.S.O. 1990, c. C.12, s. 20 (5).



and the Divorce Act provides:

http://laws.justice.gc.ca/en/showdoc...chorbo-ga:s_15

Access

16(5) Unless the court orders otherwise, a spouse who is granted access to a child of the marriage has the right to make inquiries, and to be given information, as to the health, education and welfare of the child.

lv
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Old 02-02-2008, 10:03 AM
Fedup&Tired Fedup&Tired is offline
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Wink Thank you

Great info....u guys are great.
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Old 02-02-2008, 11:21 AM
Fedup&Tired Fedup&Tired is offline
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Since I have moved away and could not attend court, would it be feasable? Could the courts do a "webcam" session or something like that? I would like to do this and add a couple of things in there to clarify our agreement ie..I pay the kids directly when they are 18 if the child support is still applicable, etc.. My kids are not seeing a penny of their child support and want to ensure that they will be taken care of if they continue schooling. Could anyone recommend a trustworthy lawyer near Ottawa or in Ottawa??
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Old 02-03-2008, 11:03 PM
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Its best to get the matter cleared up in person.

lv
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