Emergency Court order
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sufferer
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Some facts about your relationship with the children prior to the breakup.Description of all the attempts you made to see your children.Some written proof of such attempts.
I had to file an emergency motion(though not for the same reason)and my lawyer prepared a very brief affidavit.And if you won she will be ordered to pay your costs .Its terrible to keep a loving parent away from his/her children
I had to file an emergency motion(though not for the same reason)and my lawyer prepared a very brief affidavit.And if you won she will be ordered to pay your costs .Its terrible to keep a loving parent away from his/her children
Thanks, can you tell me a little about how it goes down? Are both parties there? There is also an element of danger inmy case as my wife called the cops because I called her 2x (1x per day) requesting my son's Health Card. I wanted to get him a physical due to some concerns I had. She refused and called the cops. You think the judges will take that in consideration? It's all recorded too
waron2fronts
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If you have joint custody, you are entitled to your son's health card information. How did the police react? If they believed it was a frivolous call, you shouldn't worry too much. My suggestion is to not make phone calls, if she's going to claim harrassment. Put all such requests in writing, in respectful language, that focuses on the needs and best interests of your child.
As for the Emergency motion, yes, both of you will be there unless she sends just her lawyer. Put all of the relevant details in writing. make sure to focus on the depth of your relationship with your child and your concern for the effect it will have on him, to be denied his access to you.
Good luck. Emergency motions are very intensive and stressful, especially under these circumstances. Your son deserves to have access to you. Don't give up.
As for the Emergency motion, yes, both of you will be there unless she sends just her lawyer. Put all of the relevant details in writing. make sure to focus on the depth of your relationship with your child and your concern for the effect it will have on him, to be denied his access to you.
Good luck. Emergency motions are very intensive and stressful, especially under these circumstances. Your son deserves to have access to you. Don't give up.
Too late. She already claimed harassment, cops believed her (10th+ call to the cops on her part) and I was arrested. So she just cut off access 100%. I don't even know where my son is at this moment. And I was taking care of him 7 days a week. I am sure he is devestated as am I since I know the charges were bogus and easily beat.
billiechic
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Not necessarily. I put in an emergency motion in January and it was granted in part the next day. He was not there and the judge only had my affidavit. But it was reviewed a week later and he was there with his lawyer and I was self represented.
You can also apply for a restraining order, or nonharassment order. Given the circumstances you might want one. It is likely that she will get one against you as well, just ask for them to be without prejudice.
You need to prove why you need one. Make sure you state why you aren't seeing your child. What she has done, threatened to do to prevent you from seeing them. DETAIL to facts. Keep out emotion and insinuation. Doing that helped me to get what I needed.
Good luck. An emergency order is probably the most draining part of this aside from actual trial.
You can also apply for a restraining order, or nonharassment order. Given the circumstances you might want one. It is likely that she will get one against you as well, just ask for them to be without prejudice.
You need to prove why you need one. Make sure you state why you aren't seeing your child. What she has done, threatened to do to prevent you from seeing them. DETAIL to facts. Keep out emotion and insinuation. Doing that helped me to get what I needed.
Good luck. An emergency order is probably the most draining part of this aside from actual trial.
billiechic
New member
then you need to FILE ASAP! She is changing the status quo as we speak. Don't let her do this to you and your son!
I really urge you to contact a shelter or abused woman's group. I know that you are a man, but they have people trained there who will even help you in court. This is not the time to let pride rule your decisions, you are in danger of losing your CHILD. Do it for him!
I really urge you to contact a shelter or abused woman's group. I know that you are a man, but they have people trained there who will even help you in court. This is not the time to let pride rule your decisions, you are in danger of losing your CHILD. Do it for him!
waron2fronts
New member
Regardless of the charges, without an alteration to your current access order, she is not entitled to deny your son his access with you. If you beat the charges, it will help you but I think the suggestion of getting an order against her is a good one.
I am a woman and I am often ashamed of what so many women will pull, in family cases, out of revenge or a control complex.
Best of luck.
I am a woman and I am often ashamed of what so many women will pull, in family cases, out of revenge or a control complex.
Best of luck.
That's the problem. We don't have an access order. What we have is Status Quo since Sept. which she is obviously trying to change in her favor. The charges should be beat according to the lawyers.
I have always asked my lawyer to put the arrangement on paper or go to court but he never did. That pisses me off. Will that hurt me at the emerceny meeting? The fact I have no court rules order???
billiechic
New member
no. Not if you have been trying to get your ex to agree on one. I didn't have anything on paper either. It is likely that they will make an interim recommendation to continue status quo, or at least give your 50/50. MAke sure your lawyer asks for an order to enforce the status quo. which means you need to detail what that is.
There is a special affidavit form you need to fill out for an emergency order. It took me 12 hours straight to fill it out properly. It shouldn't take evryone that long, but make sure you have enough detail on there to support what you are asking for. Tyhe parenting plans and how you are going to facilitate time with the mother is VERY important. Remember that in the end the court often gives custody to the parent who is most willing to encourage a relationship with the other parent.
There is a special affidavit form you need to fill out for an emergency order. It took me 12 hours straight to fill it out properly. It shouldn't take evryone that long, but make sure you have enough detail on there to support what you are asking for. Tyhe parenting plans and how you are going to facilitate time with the mother is VERY important. Remember that in the end the court often gives custody to the parent who is most willing to encourage a relationship with the other parent.
waron2fronts
New member
Well, it doesn't help. But then she doesn't have one either. If you have an established status quo, she needs to have a good reason for changing it without an order. Your emergency motion should include a request to have the current access schedule made into an order, so that you have it documented.
It's important that your motion focuses on your concern for how the lack of access is affecting your son. Remember, what he needs (a loving father) is what is most important here.
If you've been making attempts at contact, make sure you document it. If you have a regular phone call each day, still make it. Politely ask for your son. If she says no, just ask her to pass a message and record the incident. If you have a regular pickup time, show up every time. If she turns you away, go quietly and document the incident. A judge will want to know that you have not wavered in your attempts to contact your son, but those attempts need to be of a nature that she cannot level more harrassment claims at you.
Most of all, if you can reach your son, be sure to reassure him that you want to see him and will not give up on trying. I'm sure it's hard on him too.
It's important that your motion focuses on your concern for how the lack of access is affecting your son. Remember, what he needs (a loving father) is what is most important here.
If you've been making attempts at contact, make sure you document it. If you have a regular phone call each day, still make it. Politely ask for your son. If she says no, just ask her to pass a message and record the incident. If you have a regular pickup time, show up every time. If she turns you away, go quietly and document the incident. A judge will want to know that you have not wavered in your attempts to contact your son, but those attempts need to be of a nature that she cannot level more harrassment claims at you.
Most of all, if you can reach your son, be sure to reassure him that you want to see him and will not give up on trying. I'm sure it's hard on him too.
Problem is I can have zero contact with her. So callinghim is impossible. She should have had the courtesy to get him to call me. She didn't. She's not even home. We don't know where she is living and she never told us or my lawyer.
My lawyer has made numerous contacts with her lawyer to get any information on him (my concern is his health and safety) butthey have refused including lyingthat he is with Realtive X (Relative X isn't in the country at the time) etc.
It's been a nightmare but she played it wonderfully. She told me at the beginning she would play it like this and she played it to the "t" and the justice system helped her.
dadtotheend
New member
Get into court yesterday. The time is now to act, not to be debating about it. Get into court yesterday.
It has been my experience that this could be a very effective way fo changing status quo, however.... I believe that you may use a 3rd party friends or family for example to call your child and have them put on the phone, you may also use a third party to confilrm pick up times and drop off of your contninued schedule.
I also had a family court judge rule that the children may be picked up in front of the house regardless.
It is diificult, cumbersome and a pain in the *ss, but well worth to keep seeing your children and keep status qou as it should be with you involved.
I also had a family court judge rule that the children may be picked up in front of the house regardless.
It is diificult, cumbersome and a pain in the *ss, but well worth to keep seeing your children and keep status qou as it should be with you involved.
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