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Hello, thank you for the question.
Can you tell me more about what's going on? Don't use details that can identify anybody, please.
I see, that's difficult and I'm sorry you're going through this.
What province are you in?
OK, so before I suggest that you simply take this to court, have you talked to your ex about why there's no co-operation on the time sharing? What happened at the mediation? What is your spouse's issue with you having the children?
Is there no communication at all? And you don't know where they are living at this point?
The cops won't tell you where the family is, and they won't help you in family court.
You need to see a family lawyer who will help you bring an Application for custody, access, police enforcement, whatever it takes to get you back into your children's lives. There will be an ongoing child support component too, if the children aren't with you primarily.
Contact Legal Aid to see what services are available to help you get started. Given Ontario's lockdown, it'll likely all be by telephone.
The police aren't family lawyers, and don't know what they are talking about when it comes to family law. I can't see any judge granting emergency custody on these facts, so you'll need to prepare materials which paint you as an earnest individual who wants a relationship with his kids, and then steel yourself for what she's going to say about you in her responding documents.
What else is there to discuss about this situation you're in?
I always recommend that you do. If you're going to be in court soon, you want to be squeaky clean in order to make her look like the bad guy in all of this.
And you can't change what has happened, or what's going to happen before you get in front of a judge.
Just keep trying to see them, stay in touch with the mother if she'll reply, stay in touch with their schools and anyone else they deal with. If you have an agreement in writing that you're entitled to information about then, then you should be able to get their address from the school board.
But if the mother is actively fighting you on this then all you can do is get it into court as soon as you can. I doubt you'd get emergency custody, but you should get interim access with a police assistance clause. When your kids see you they'll remember that you're Dad, unless you let too much time go by. Time is of the essence, as they say.
You're welcome. Have some faith and have a plan, don't fall into despair because doing nothing is the worst thing you can do. When time passes with your doing nothing, it looks like you're ok with it.
Good luck and stay safe.
If you can do a supervised visit then do that. Whatever it takes. Perhaps she'd agree to do it out in the community, or with someone you can both agree to.
If she has valid concerns about your mental health or substance use, then do whatever it takes to assure her that you're dealing with your issues. Only if she's being unreasonable will the court side with you; if there are such legitimate child safety issues then you must work on them too. But you should be able to see your children at the same time, as long as it's safe for them.
I'm glad to help, and whatever gets this phase behind you is good for the children too.
I'm here if you have more to discuss on this topic, at any time.
I understand. If she'll only agree to supervised access in her home, say that you want to bring someone of your own too just to make sure that everything is on the up and up.
Start by checking out Legal Aid Ontario's website, see what services are offered in your area. Maybe they are doing their Family Law Information Center by appointment by Zoom or something, or at least you can call and get some procedural information from local Duty Counsel as to how things are to be served and filed in your area.
You'll need a Form 8 Application, a form 35.1 Affidavit in Support of a Claim for Custody/Access. And for an interim order you'll need a Notice of Motion and an Affidavit General with your information you'll swear to be true. You can get those forms at the Ministry's website here: http://ontariocourtforms.on.ca/en/family-law-rules-forms/
You'll also need a Financial Statement form 13 sooner or later, so look at that and start filling it out too. Sign up for an online CRA account if you don't have have one, so you can get all your tax and income documents yourself online any time.
I hope that's a good start. I'll be here if you want to check in as you move along the process. However, if you want to use us a lot here, you should have a subscription and start new threads for new topics, and to get a variety of input from the different lawyers here. Or if you want my specific attention you can start with "dear Ulysses" or "for Ulysses only" and it will be left for my attention
Good luck! Keep plugging away at it.
All of the forms you'll need are here, you can download them and fill in the blanks too in the format you prefer.
Children's Aid won't help unless you allege that they are at risk of harm in mother's care. She'll know you called, and that will be the end of any co-operation from her on anything.
If you fill out the form it's the same as if a lawyer does it. But an experienced lawyer will know exactly how to fill it out to increase the odds of you getting what you want. That's their job.
You can keep calling the mother. Arrange for any access you can. Even facetime over a phone or computer should be ok, she can supervise that, there's no risk of covid, and you can even record it to protect yourself if she says it went badly.
The police aren't going to do anything without a court order, which you're trying to get now.
Try looking for her on social media. And if she's not going to reply to emails, go back to calling and texting.
If you have any mutual friends, or know someone in her family who is sympathetic to you, try calling them to see if they'll intervene. Maybe her own mother?
You can certainly ask for that in your court papers.
Try to look at the documents and filling them in. I promise, 90% of it is checking boxes and filling in blanks.
It will help you to become familiar with the documents, just by reading them over closely, and filling out what you can.
Also, work on "your side of the story" to put into your affidavit. Try to keep it chronological and focussed on the children. The lawyer will edit it for you of course.
If you fill out the papers as best you can, you'll become more familiar with what the court wants to know and why. It will also save time with your lawyer if you have a first draft of the papers already finished. And it'll go faster if you identify the pieces of information you need to collect now, and work on getting it, rather than wait for the lawyer to tell you want you need to get.
That's my handle on this site, yes.
Thank you for the five star rating, I do appreciate it. That helps my stats with the site.
I'm glad to help.
And like any good lawyer, I have to get the last word. If you reply to me then your question stays on my Open list.