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.

Reply
 
Thread Tools
  #1  
Old 11-07-2013, 08:28 PM
advice needed advice needed is offline
Senior Member
 
Join Date: Jan 2012
Posts: 142
advice needed is on a distinguished road
Default supervised access

In late July on a motion of my ex, and on the explicit recommendation of OCL the judge ordered temporary sole custody to my ex(, prior to this my son was living with me for 19 months.) and supervised access to me. I was devastated, I contacted the access centre and faxed out the paper work the next day.
I was told by the access centre that only when the other party sends in their paper work and they get the order from the judge, thats when the visits would start. Till today I have not seen my son. I have asked OCL several times about the delay, OCL only just replied and copied her lawyer telling him to take the order out. I have sent e-mails to her lawyer, his reply was " continue to make arrangements with the access centre". My son has written a letter to me, in this letter he says " dad I have written to OCL and asked them why I cant see you? why is it taking so long"? He told me he has sent OCL 4 e-mails

Is it normal for supervised access to take this long?
Any recommendations on how to use this to my advantage?
TMC/SC in Dec. Trial scheduled 1st week of Feb

Thanks.
Reply With Quote
  #2  
Old 11-07-2013, 09:27 PM
WorkingDAD WorkingDAD is offline
Senior Member
 
Join Date: Mar 2011
Posts: 1,660
WorkingDAD is on a distinguished road
Default

Quote:
Originally Posted by advice needed View Post
In late July on a motion of my ex, and on the explicit recommendation of OCL the judge ordered temporary sole custody to my ex(, prior to this my son was living with me for 19 months.) and supervised access to me. I was devastated, I contacted the access centre and faxed out the paper work the next day.
I was told by the access centre that only when the other party sends in their paper work and they get the order from the judge, thats when the visits would start. Till today I have not seen my son. I have asked OCL several times about the delay, OCL only just replied and copied her lawyer telling him to take the order out. I have sent e-mails to her lawyer, his reply was " continue to make arrangements with the access centre". My son has written a letter to me, in this letter he says " dad I have written to OCL and asked them why I cant see you? why is it taking so long"? He told me he has sent OCL 4 e-mails

Is it normal for supervised access to take this long?
Any recommendations on how to use this to my advantage?
TMC/SC in Dec. Trial scheduled 1st week of Feb

Thanks.
Are you asking how to use to your advantage that you did not manage to see your kid since end of July even you have judje ordered it? You can not be serious ... Question I would ask do you really want to see your kid? From what you wrote it does not look like it... sorry

WD
Reply With Quote
  #3  
Old 11-07-2013, 09:30 PM
MS Mom MS Mom is offline
Senior Member
 
Join Date: Aug 2013
Posts: 1,151
MS Mom is on a distinguished road
Default

Quote:
Originally Posted by WorkingDAD View Post
Are you asking how to use to your advantage that you did not manage to see your kid since end of July even you have judje ordered it? You can not be serious ... Question I would ask do you really want to see your kid? From what you wrote it does not look like it... sorry

WD

I think the OP has been misunderstood.

He was awarded supervised access in July. He followed through with the access centre who advised him that they require the mother's paperwork to proceed. They have not submitted it. He hasn't seen him since July and wants to desperately.

He wants 50/50 -and is doing SC and TMC. He wants to know if he can used the obvious delays from the other side in obtaining the 50/50 access arrangement.

Did I get that right?
Reply With Quote
  #4  
Old 11-07-2013, 09:34 PM
firhill firhill is offline
Senior Member
 
Join Date: Jul 2012
Posts: 483
firhill is on a distinguished road
Default

Quote:
Originally Posted by MS Mom View Post
Did I get that right?
That's how I read it...the mother is stalling his only avenue of access.


OP..How old is your son?
Reply With Quote
  #5  
Old 11-07-2013, 09:38 PM
advice needed advice needed is offline
Senior Member
 
Join Date: Jan 2012
Posts: 142
advice needed is on a distinguished road
Default

@ WD,, please understand that I love both my children very much.

Please understand that my Trial is coming up, and at the Trial , my ex is asking for sole custody of my son. I also have a gut feeling that if she wins, her next motion would be to change provinces. I will loose my son. I am already devastated that I havent seen him since early August.

I am asking for joint custody at the Trial. Dont you think its fair for me to ask peeps for their advise to better my chances to get joint custody? Do you really think I am not interested in seeing my son. What more can I do? I have sent OCL over 6 e-mails, I have sent her lawyer 4 e-mails. My son has sent ocl e-mails.
Reply With Quote
  #6  
Old 11-07-2013, 09:40 PM
advice needed advice needed is offline
Senior Member
 
Join Date: Jan 2012
Posts: 142
advice needed is on a distinguished road
Default

@ firhill ...My son is 12, will be 13 in March
@ MS MOM yes that is accurate
Reply With Quote
  #7  
Old 11-07-2013, 09:48 PM
WorkingDAD WorkingDAD is offline
Senior Member
 
Join Date: Mar 2011
Posts: 1,660
WorkingDAD is on a distinguished road
Default

Quote:
Originally Posted by MS Mom View Post
I think the OP has been misunderstood.

He was awarded supervised access in July. He followed through with the access centre who advised him that they require the mother's paperwork to proceed. They have not submitted it. He hasn't seen him since July and wants to desperately.

He wants 50/50 -and is doing SC and TMC. He wants to know if he can used the obvious delays from the other side in obtaining the 50/50 access arrangement.

Did I get that right?
I think I got it write.
since July nothing happened. I am sorry to may be being too straight but in my book it far from "wants to desperately"

and than what OP asks ? Not how to deal with this situation but how to use this situation to some advantage ?

Really?

What did OP did ? wrote email to lawyer and OCL ? From what I understand they did not even issue order yet! Right?

What I would do.
1. Same/Next day prepare draft of the order serve it on other party - 10 days no reply order submitted to court and issued.

2. Next/Same day send paperwork to centre with draft and copy of endorsement - (I do not think they even would complain that there is no order issued - endorsement is an order)

3. Sent 3 emails to other party to submit paperwork. If in one week (and that being generous) other side did not do anything send another email to lawyer giving him last chance to comply by 48 hours and inform that you will file a motion and ask for cost.

4. File a motion

and if that did not work and OP still did not see kid that you can tell court look - I was not just waiting them to do something (even they required to do it) I tried really hard to make them do it but what else I can do ... than you can talk about advantage and how to use it ...

WD
Reply With Quote
  #8  
Old 11-07-2013, 09:52 PM
WorkingDAD WorkingDAD is offline
Senior Member
 
Join Date: Mar 2011
Posts: 1,660
WorkingDAD is on a distinguished road
Default

Quote:
Originally Posted by advice needed View Post
@ WD,, please understand that I love both my children very much.

Please understand that my Trial is coming up, and at the Trial , my ex is asking for sole custody of my son. I also have a gut feeling that if she wins, her next motion would be to change provinces. I will loose my son. I am already devastated that I havent seen him since early August.

I am asking for joint custody at the Trial. Dont you think its fair for me to ask peeps for their advise to better my chances to get joint custody? Do you really think I am not interested in seeing my son. What more can I do? I have sent OCL over 6 e-mails, I have sent her lawyer 4 e-mails. My son has sent ocl e-mails.
Trust me I understand that why I wrote what I wrote. I did not say you did not love you kid or anything else but from what you said it does not look like you really made an effort...

I may be wrong - just how I see it...

WD
Reply With Quote
  #9  
Old 11-07-2013, 09:52 PM
MS Mom MS Mom is offline
Senior Member
 
Join Date: Aug 2013
Posts: 1,151
MS Mom is on a distinguished road
Default

Quote:
Originally Posted by WorkingDAD View Post
I think I got it write.
since July nothing happened. I am sorry to may be being too straight but in my book it far from "wants to desperately"

and than what OP asks ? Not how to deal with this situation but how to use this situation to some advantage ?

Really?

What did OP did ? wrote email to lawyer and OCL ? From what I understand they did not even issue order yet! Right?

What I would do.
1. Same/Next day prepare draft of the order serve it on other party - 10 days no reply order submitted to court and issued.

2. Next/Same day send paperwork to centre with draft and copy of endorsement - (I do not think they even would complain that there is no order issued - endorsement is an order)

3. Sent 3 emails to other party to submit paperwork. If in one week (and that being generous) other side did not do anything send another email to lawyer giving him last chance to comply by 48 hours and inform that you will file a motion and ask for cost.

4. File a motion

and if that did not work and OP still did not see kid that you can tell court look - I was not just waiting them to do something (even they required to do it) I tried really hard to make them do it but what else I can do ... than you can talk about advantage and how to use it ...

WD
He's in the middle of it all WD. He's got trial in Feb.

He's been through the OCL Process, and was ruled against. The interim ruling was that his son move out of his house and into the ex's and he be provided supervised access.

He's contact the access centre numerous times who tell him that they need info from mom to proceed. They are refusing to provide that info.

He wants 50/50 access as an outcome of this all.

OPs kid isn't allowed any contact with him outside of supervised access. But the kid has been writing him snail mail letters that tell the OP that the kid has been bugging OCL too because the kid wants to see dad.

Mom is being a hard-ass and isn't cooperating.
Reply With Quote
  #10  
Old 11-07-2013, 09:59 PM
WorkingDAD WorkingDAD is offline
Senior Member
 
Join Date: Mar 2011
Posts: 1,660
WorkingDAD is on a distinguished road
Default

Quote:
Originally Posted by MS Mom View Post
He's in the middle of it all WD. He's got trial in Feb.

He's been through the OCL Process, and was ruled against. The interim ruling was that his son move out of his house and into the ex's and he be provided supervised access.

He's contact the access centre numerous times who tell him that they need info from mom to proceed. They are refusing to provide that info.

He wants 50/50 access as an outcome of this all.

OPs kid isn't allowed any contact with him outside of supervised access. But the kid has been writing him snail mail letters that tell the OP that the kid has been bugging OCL too because the kid wants to see dad.

Mom is being a hard-ass and isn't cooperating.
and ?
what I am trying to tell here (and I may be not clear on that one due to my English) that it does not look like OP made serious effort to get things done...

He need to sent email to other lawyer at least once a day until the trial ... Than when on the trial they will say "well he did not really want to see his kid base on bla bla bla" you drop on table documents brief with 176 emails asking when you client will comply with order bla bla bla


WD
Reply With Quote
Reply


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
Supervised Access DDM Divorce & Family Law 2 07-11-2011 06:42 PM
Custody and Access Decision-Making and the Breastfeeding Child: Cavannah v. Johne WorkingDAD Divorce & Family Law 8 05-03-2011 10:55 AM
Supervised Access TRG2010 Divorce & Family Law 8 05-25-2010 04:22 PM
Supervised Access? representingself Parenting Issues 11 03-06-2010 01:28 PM
Have I given up my rights as a parent? brokendad Common Law Issues 3 11-05-2009 06:57 PM


All times are GMT -4. The time now is 02:57 PM.