Ottawa Divorce .com Forums


User CP

New posts

Advertising

  Ottawa Divorce .com Forums > Main Category > Divorce & Family Law

Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

Closed Thread
 
Thread Tools
  #1  
Old 09-09-2010, 02:48 PM
anonwhocares anonwhocares is offline
Junior Member
 
Join Date: Apr 2010
Location: new brunswick
Posts: 27
anonwhocares is on a distinguished road
Default Seperation Agreement denied access

Hello-
Its been a while, but forst let me say I was a fool to let my wife leave the provience with my children, That was my mistake that I am paying for but now I need your advice on what to do.

So I let my wife take them, we have Seperation agreement in place that sates I get the kids when they are on school holiday march break, Xmas, summer. Now the trouble is that I also drive home once a month for the weekend to see my kids 12hrs Kingston ON to Fredericton NB. No my seperation agreement clearly sates and I quote
" Stephen will have weekend and evening access to the children when visiting New Brunswick provided that Kristen is given 2 weeks notice"
thats it thats the whole quote.

So now that she is home with her family and confortable she feels that she does not thave to give them to me, she also tells me she has a new lawyer that says she only has to give the kids to me on those weekends when it is convient for her (rather if she wants to).

Alright guys what do I do, I made sure my Seperation agreement was iron clad so this shit would not happen but it is happening anyway. What do I do and rather how do I enforce this, what actually makes my wife give me the kids.
  #2  
Old 09-09-2010, 04:03 PM
HammerDad HammerDad is offline
Senior Member
 
Join Date: May 2010
Location: Hamilton
Posts: 3,970
HammerDad will become famous soon enough
Default

I would email the ex and state that you intend to exercise your access in accordance with Z clause of your agreement on such and such a date and time (being at least 2 weeks in advance in accordance with the agreement).

Should she balk and state that she doesn't agree with your time, you reply providing alternative dates, each being obviously at least two weeks in advance. Should she then say no or not provide any alternatives, I would then state that as she has not provided you with any alternatives, your intend on exercising your access in accordance with your initial email on "whatever" date. I would then file the agreement with the courts in Ontario and then drive out to NB to see the kids. I would get there a little early also (maybe a day) and file the agreement with the NB courts as well, as the court with authority will be the court where the child resides. Once you have a court file number, provide it to her and advise her that the agreement has been filed and now any instances which contravene the agreement are contempt and you will seek the appropriate remedy in event the agreement/order is not followed.

If the kids are not at the exchange point and the prescribed time, wait 30 minutes and politely call to see what the delay is. Do not get upset or emotional should she say she isn't coming. Just get a date stamped receipt for a purchase to show you were there in accordance with your email, and then file for contempt of court and costs.

But I think if you file your agreement with the court (and unfortunately the court that has jurisdiction would be NB) and advise her that it is no longer just an agreement, but now a court order and that she could be held in contempt, she may be a little more likely to follow it.
  #3  
Old 09-09-2010, 05:56 PM
InterprovincialParents's Avatar
InterprovincialParents InterprovincialParents is offline
Senior Member
 
Join Date: Aug 2010
Location: Ontario
Posts: 908
InterprovincialParents is on a distinguished road
Send a message via MSN to InterprovincialParents
Default

hammer...I disagree on your last statement...blocking access rarely winds up in court for contempt...Good luck in NB, where courts RARELY even HEAR a contempt issue, yet alone place sanctions...(sorry, anonwhocares)

In any future agreement, put a clause in, ensuring that access missed that is in accordance with the separation agreement shall be made up within 7 days, with costs for said access paid for by the parent who is in contempt of the order
  #4  
Old 09-10-2010, 09:34 AM
HammerDad HammerDad is offline
Senior Member
 
Join Date: May 2010
Location: Hamilton
Posts: 3,970
HammerDad will become famous soon enough
Default

Quote:
Originally Posted by InterprovincialParents View Post
hammer...I disagree on your last statement...blocking access rarely winds up in court for contempt...Good luck in NB, where courts RARELY even HEAR a contempt issue, yet alone place sanctions...(sorry, anonwhocares)
It may not be heard that often, but the threat of it definitely perks up peoples ears. If mom knows that if she tries to pull her BS, you will:

a) request make up time at the first available date, at her expense; or

b) be filing a motion for contempt with the courts that will cost her time and money in possible missed work and legal fees.

they are more likely to play ball.

IMO, I would play hard ball with her. And every time she denied access, I would file a motion for contempt, coupled with a motion even stronger wording in the order and a police enforcement clause.

I do agree that the court very rarely will find anyone in contempt in the matter. But a judge will most likely make some strong statements that the CP should abide by the agreement and that the judge doesn't want to see them again on this matter.
  #5  
Old 09-10-2010, 10:03 AM
InterprovincialParents's Avatar
InterprovincialParents InterprovincialParents is offline
Senior Member
 
Join Date: Aug 2010
Location: Ontario
Posts: 908
InterprovincialParents is on a distinguished road
Send a message via MSN to InterprovincialParents
Default

I would do the same, filing every time...the court will get sick of hearing it, and each time she is in contempt, the words get harsher and if her behaviour still persists, it is grounds for a change in custody.
  #6  
Old 09-10-2010, 10:05 AM
InterprovincialParents's Avatar
InterprovincialParents InterprovincialParents is offline
Senior Member
 
Join Date: Aug 2010
Location: Ontario
Posts: 908
InterprovincialParents is on a distinguished road
Send a message via MSN to InterprovincialParents
Default

typically, after 3-5 contempt hearings, the courts will consider such a change...but at the same time, CPs often get sneakier with their contempt...making it tougher to prove...claiming she did not receive the email, did not get the message, etc...and you could find yourself sending her a registered letter every time you are headed east
  #7  
Old 09-17-2010, 12:46 PM
rwm1273's Avatar
rwm1273 rwm1273 is offline
Senior Member
 
Join Date: Sep 2010
Location: Alberta, but would rather be in Africa.
Posts: 518
rwm1273 is an unknown quantity at this point
Default

After a couple of missed visits, and the proof of the attempts at getting access, I would get a police enforcement clause. Ensure that it is not worded such as "a standard police enforcement clause is in effect" as this is meaningless to the police, and they do not know who to punish.

Get it worded to the effect that "anyone preventing access to the father shall be arrested and detained until such time as the access is granted"

This works very well to ensure that mom can't send the kids to some other place to thwart access.
  #8  
Old 09-17-2010, 01:27 PM
billiechic billiechic is offline
Senior Member
 
Join Date: Jul 2009
Location: Vaughan
Posts: 2,373
billiechic is on a distinguished road
Default

Personally I think a court seeing that you have travelled across country to see your kids, and her being completely unreasonable might show a little more leniency to you. Obviously you put a lot of effort and money into being there... Seems like a no brainer.

I would sent her a letter as suggested above (registered of course) and proceed with your plans. But make sure to stop by the courthouse and file the agreement. Actually, I would file it where you live too just to be sure.
Closed Thread


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On


Similar Threads
Thread Thread Starter Forum Replies Last Post
Custody and Access Decision-Making and the Breastfeeding Child: Cavannah v. Johne WorkingDAD Divorce & Family Law 8 05-03-2011 10:55 AM
how to deal with ex's offer to settle nick2009 Divorce & Family Law 19 09-20-2010 10:47 PM
Denied access with no agreement anonwhocares Divorce & Family Law 15 05-06-2010 12:15 PM
Seperation Agreement Problems NightEcho Divorce & Family Law 5 10-09-2009 06:28 AM
Denied Access RichFF Divorce & Family Law 1 10-06-2009 05:48 PM


All times are GMT -4. The time now is 11:36 PM.