Making sure im on the right path.

So if for the past 5 weeks your access has been on a Friday, why the sudden change to Wednesday... I am not entirely clear on what you are complaining about, or attempting contempt about? If the visit was scheduled for Wednesday and you agreed and then all the sudden it did not work for you, that is not her fault.

From reading all your posts, it seems like you are not always 100% honest or sure what is actually going on.
 
no the court order states this

"The Applicant shall have supervised access in the child's home two hours per week until january 2013 supervised by either respondent's parents."

it doesnt say that the respondent disctates when the access will be.

that is a very good question, she has only given the reason that her father is unavailable at that time.

i fail to see how both her parents can be occupied the entire weekend for every weekend.
 
Are the parents not likely to want to be engaged in a trip/activity together and therefore it is not inconcievable that both might be unavailable at the same time.

Given that you have had to cancel the access visit, albiet a visit that is only for two hours, there is no obligation on the opposing party to provide a make up time. That does not mean you do not have a right to request it and it should be considered IF the parents can make themselves available.

One would think given that it is ONLY for 2 hours, accomodation could be made, but it is a busy time of year and it is quite possible they are simply not available.
 
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Berner_Faith said:
So if for the past 5 weeks your access has been on a Friday, why the sudden change to Wednesday... I am not entirely clear on what you are complaining about, or attempting contempt about? If the visit was scheduled for Wednesday and you agreed and then all the sudden it did not work for you, that is not her fault.

From reading all your posts, it seems like you are not always 100% honest or sure what is actually going on.
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glad i am not the only one confused by this. Who cancelled the friday access? Why isnt he available on Wednesday?

I wonder how a judge will react to this? Only one instance where the poster says he was denied access when there is no set day and time. Doesnt there have to be more instances before a judge will take it seriously?
 
friday was cancelled because her father is unavailable. i fail to understand where her mother is. it was moved to wednesday 5pm. i notified her prior start of october that wednesday wasnt going to be available for a while due to parenting classes. she KNEW this.

given that i had all day friday, sat and sunday and after thursday i fail to see justification that both her parents were busy for those entire times.

the respondent claims that her parents are busy every weekend.

there has been instances where they kicked me out and cut the visit short for alledged reasons. so this isnt the first time that i wasnt given a full 2 hours.

i hope this clarified a bit...also she failed to notify me about a doctors treatment my son developed a nasty skin condition and she failed to notify me about it AFTER she gave treatment which in paragraph 2 of the order states "The Applicant shall be informed of medical treatment prior to treatment other than emergencies".

the skin issue was not an emergency. so she failed to even do that.
 
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Document everything. Reasons for cancellation, how far out the visits were agreed upon and how late/early they were cancelled etc..

While you may not be perfect, how hard is it for a mother to allow the child's father a lousy two hours/week of access.

She sounds like an alienating, hard to deal with, BITCH!!!!!
 
firhill, i have, i do weekly affidavits to document everything. i attached exhibits of my documentation of emails i took pictures of his scalp and patches of discoloured skin, i got her email saying she did treatment and she did not notify me prior.

the court clerks is impressed of my vigilance for this case and sympathises with me.

im very aware that attempts of parental alienation is present and i do intent to make that part in my trial should it ever get there.

i also have 3 affidavits to support that from ym gma, ma and bro to say they witnessed possible actions of alienation, i also already are working on a psychologist for children and he mentioned that that gives a strong indication of alienation and he is willing to submit it to court and testify on his professional opinion.
 
SynGreis said:
friday was cancelled because her father is unavailable. i fail to understand where her mother is. it was moved to wednesday 5pm. i notified her prior start of october that wednesday wasnt going to be available for a while due to parenting classes. she KNEW this.

given that i had all day friday, sat and sunday and after thursday i fail to see justification that both her parents were busy for those entire times.

the respondent claims that her parents are busy every weekend.

there has been instances where they kicked me out and cut the visit short for alledged reasons. so this isnt the first time that i wasnt given a full 2 hours.

i hope this clarified a bit...also she failed to notify me about a doctors treatment my son developed a nasty skin condition and she failed to notify me about it AFTER she gave treatment which in paragraph 2 of the order states "The Applicant shall be informed of medical treatment prior to treatment other than emergencies".

the skin issue was not an emergency. so she failed to even do that.
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Seriously? I don't find it hard to believe that her parents are busy every weekend. I know for a fact that my own parents are busy every weekend. They work all week and most weekends are spent traveling. You may not dictate what her parents do. Because the order does not state specific days, only that her parents must supervise, you are basically at her parents mercy.

If you are attempting contempt, shouldn't your contempt motion be against her parents, not her, seeing as it is her parents responsible for not being available? She may be available the times you are, but that does not mean her parents are. She cannot be held liable for her parents not being available. Would you hold one liable if an access center was closed on the day you wanted to visit?

Is it possible she forgot you were not available Wednesday? What was your communication to her when she switched the access time? Did you not tell her you were not available Wednesday? Or did you wait until after Wednesday, not show up and then wait and see if she would offer make up time?

Really conflicted on what the truth is as your first post today states...

So she failed to reschedule as visit. She KNEW i was not available on wednesday. She had all of thursday, friday saturday and sunday to reschedule. i see no willing from her to compensate for this.
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First impression was your access was on Wednesday, you missed it so had to reschedule, but then you go on to say...

friday was cancelled because her father is unavailable. i fail to understand where her mother is. it was moved to wednesday 5pm. i notified her prior start of october that wednesday wasnt going to be available for a while due to parenting classes. she KNEW this.
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So after you are questioned you say access was on Friday, rescheduled fr Wednesday, but that didn't work for you.

given that i had all day friday, sat and sunday and after thursday i fail to see justification that both her parents were busy for those entire times
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There was no one to supervised on Friday... that left Sat/Sun, however her parents may have been busy or away. How far in advance did you know about the cancellation from Friday and rescheduled to Wednesday? Were you given notice? How much notice?

The way I am reading your posts is she rescheduled to Wednesday, you never mentioned anything because you already told her you were not available Wednesday (but this was prior to Oct and lets face it, people forget things), Wednesday came and went, you never went to visit and then you WAITED for her to contact you on Thursday, then Friday, then Saturday and now Sunday? You missed your access, you do not say what attempts you made to reschedule.

Your order does not say WHO may dictate access... it does state that 2 hours shall occur and that they shall be supervised by the Grandparents... the Grandparents give you their available hours it is up to YOU to make it work... just like an access center has hours of operation and one must conform to those hours.
 
she told me it would be wednesday on monday night, i replied to her tuesday morning saying i couldnt and reminded her about my parenting class.

it was friday 12 for a month now and she said that would be the regular schedule, i got it in my emails. she didnt give me notice about the change other then telling me monday night to which i was in bed already and only saw the email tuesday late morning.

i sent several emails to her telling her i was available thursday afternoon adn after that going til the weekend so friday saturday and sunday i was available ALL day.

she did not respond at any of it.

also to note the grand parents dont really give me any of their hours. i get an email from the respondent saying access is x on x never asking me if its available to me.

i have met and attended to all my visits with the exception of the week that went by.
 
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Honestly, if you are sending "several emails" in a 2 day time span, I can see why she didn't respond. Seeing has she switched it until Wednesday, I can only make the assumption that her parents were not available the Friday and most likely not available the Sat/Sun... I am sure they have lives also.

You didn't read your email until late Tuesday morning, is is possible she didn't read her email until later Wednesday and by that time it was too late? You are making a mountain our of a mole hill. Instead of flooding her with several emails, you should have sent one email stating that Wednesday did not work for you due to your prior obligations in parenting classes and that you were available the following days. Shall none of those days work for her and her parents could they please send a list of dates/times that work for them.


If I remember correctly, you do not work? Therefore you should be available any day/time (other than apparently the only 2 hours on Wednesday they were available)
 
at the moment no.i told her when i was available for the entire week, i even offered to do a double visit. i sent her a total of 3 emails, one of tuesday morning, wednesday night and friday.

im thinking about putting in a motion to change the access to a 3rd party so her parents are needed anymore.
 
so i have a contempt hearing tomorrow.

its made against the respondents parents for failing to schedule a visit and no makeup.

im trying to get a feel for contempt hearings.

can someone offer a piece of advice as to the procedure of how the hearing goes?
 
Based just off the last few postings in this thread, and assuming you do have a hearing so quickly... I think *your* hearing won't go very well, for you. Contempt is a quasi criminal thing...you have to prove beyond a reasonable doubt, that contempt occured. I am not reading that here.
 
i have it in emails and willful contempt. i also have it on other issues. all of it is in as exhibits.

contempt motions are every friday for my area.

also im only requesting that makeup time be ordered.
 
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I have asked on what the procedure would be like. for example, what would happen inside a motion hearing, is it similar to a notice of motion?

I didn't say, hey criticize me for the content in my contempt.
 
In my experience a Judge is highly unlikely to rule on contempt at a motion hearing. Contempt will not be assessed on affidavits alone and you will need to have a fully fledged trial in order to address any allegation of contempt.

But do not make this decision to go to trial without giving it considerable thought and seeking legal advice.

Contempt as others have stated above is quasi criminal and it will be up to you or your lawyer to prove beyond reasonable doubt that 1) a pattern of contempt has occured "repeatedly" and 2) that this was done "intentionally" by the opposing party.

You would serve yourself better to simply work on increasing your access through a variation of the existing order. This could include a request for any make-up for any access that you have missed.

Please be mindful that I have not read all of this very long thread and am only responding to your last posting. So, my advice on varying the existing order may not be applicable.
 
justice said that contempts cannot be brought before case conference without urgency.

he said the content is correct and warned the respondent to not continue this pattern.
 
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