Mother Denies Me Child Access, Do I Keep a Journal?

March 20th, 2013 by John Schuman

Mother Denies Me Child Access, Do I Keep a Journal? How can I in force a court order?

If the mother is repeatedly denying you child access, against a court order, then you should keep track of the circumstances. But do not let it go on too long. You should go back to court, on a motion, and ask for the court to order make-up child access for the time you have missed at times that work for the children and you. The judge will not be happy that your ex is not obeying the court order. She will get told off. While the judge will always make the order that is in the best interests of the children an important factor in that is how willing a parent is to support another parent. Bringing a contempt motion immediately might make you look like a bully or part of the problem. However, if the problem persists, then you can use the judges comments on the first motion (for make-up time) as part of your evidence in the contempt motion and the second judge will probably be really angry.

If the mother says the kids do not want to go, check out this webpage Can I be held in contempt for the answer. That is often not a valid reason for denying access.

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Whenever you go to court, you should consider the circumstances of your children and the effect that your actions might have on them. Judges really like it when you show you are sensitive to those considerations. To find out more about them, listen to this podcast The voice of a child protecting children during divorce.

The best way to make the best case to a judge is to have a lawyer help you. You should also get a copy of this $20 easy-to-understand book on Ontario Family Law, as it covers these topics, and gives advice on how to navigate through Family Court and how to keep the judges on your side Basics of Ontario Family Edition.

For further information or assistance in regards to child access or enforcing court orders, please contact John Schuman Toronto Family Lawyer at (416) 446-5080.


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