I have an ex who has completely cut off contact with me from my daughter for no apparent reason. My daughter is 5

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Customer: I have an ex who has completely cut off contact with me from my daughter for no apparent reason.
JA: What steps has your daughter taken? Has she filed any papers in family court?
Customer: my daughter is 5 nothing filed in court yet. I work in the united states and she lives in canada.
JA: Has she talked to a lawyer about this yet?
Customer: Not to my knowledge
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I work and live in the United States. The plan was to go back once a month for visitation but Covid 19 made that virtually impossible.
Answered by null in 1 min 1 year ago
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null, Expert

Hello! Thanks for coming to the site. My name is ***** ***** I am an attorney ready to answer your questions with top-quality service. Just a few quick things before we get started:

  • I’m sorry to hear you are having these problems with your legal issue. I know that can be frustrating. However, we can get this resolved quickly;

  • I always go for immediate responses, but I am occasionally called away for client meetings.

  • Is the child in the USA or Canada?

Customer
My daughter is in Canada
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null, Expert

Thanks! Was the custody order made in the USA?

Customer
There is no custody arrangement in place yet. I am wondering what legal steps i need to take to have mandatory contact.
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null, Expert

Got it! Do you want the child with you in the states?

Customer
Most of my family is in Saskatoon, so It wouldn't be fair to take her away from family, but that could always be an option
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null, Expert

Understood! So unfortunately, since this is a Canadian law question, I'll have to opt out.

The system is still in the process of properly filtering out by country, but it’s not there yet. This is particularly troublesome for English-speaking countries like yours. This means that I have to opt out of this discussion, alert our moderators, and have them shift you to the appropriate website so a legal expert licensed in your country can help. Thanks so much and I apologize for the inconvenience.

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null, Expert

Good afternoon. So I am a JA expert lawyer and do have significant experience with Canadian Family Law. What was the parenting arrangement over the past 5 years? I understand your daughter is 5 correct?

Customer
There hasn't been any legal agreement in place yet. Basically she has stopped talking to me since November of 2021. i need to know the steps to making a mandatory appearance in front of either a judge of a mediator. A mediator would be preferred. I need to obtain mandatory contact and visitation on paper so that i can always be in contact with my child.
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null, Expert

Again, the situation is somewhat confusing to me right now. Your live in the US. Your daughter who is 5 years old lives in Saskatoon. How long has this arrangement been going for? Was she staying with her father (your ex partner)? Were you guys married or common law? There is no such thing as a 'mandatory appearance', you can certainly file for various things which I can help guide you on, but the appearance can't be made mandatory on someone (I am assuming you want your ex to appear in court) if they don't want to. So basically you file an application and if the other party does not show to oppose it or argue against it, you get what you want (which can't be that someone be a father to a child).

Customer
my daughter is 5 years old. My ex and i have been separated for a while now, and we were on good terms with sharing custody and expenses of our child. In February of 2020 i started working in the United States, in good faith because i wasnt there to share the expeses any more we verablly agreed on an amount of money that i would send each month. In November of 2020 she decided to block contact with my daughter and her for no apparent reason. ive reached out multiple times and received no response back. My daughter currently lives in Saskatoon Saskatchewan with her mother. My daughters mother still keeps in contact with my father and sometimes they arrange to have my daughter visit my father and that will be the only time i get contact with my daughter. I would like for mediation but i feel as though she would not voluntarily go for mediation, so proceeding to court would most likely be the way that i need to go forward. So i just need to know the process of how to serve her and get everything figured out legally
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null, Expert

Okay so I think I understand this better. Your ex has stopped the contact between you and your daughter, correct? Not between herself and your daughter? It is you that she is not longer allowing to be in contact with your daughter? Do I have this right?

Customer
my ex has cutoff contact with me and my daughter. There has never been an legal obligations met yet
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null, Expert

Since you have been in states, I imagine the only contact you were making was through technology?

Customer
Originally it was through Facebook messenger, and text message
Customer
FaceTime through Facebook
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null, Expert

Prior to you leaving for States, what sort of contact did you have? Or did you all (you, your ex and daughter) lived together at that time?

Customer
Prior to leaving to the States we had face to face contact
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null, Expert

Can you be specific? You had her weekends? 50/50? What was the parenting arrangement? And also, were you guys married or common law? Did you live together for at least a year after the daughter was born (if not married)?

Customer
We did live together after my daughter was born for about a year, we separated and got back together a few times after that. The parenting arrangement was I had her in the evenings and she would take her in the mornings as we worked alternative schedules, I then switched jobs to one that took me out of town lots, but when I was back in town I would take her for days at a time to a week, and then it would go back and forth. The arrangement would constantly change. We haven't shown as common law in at least 3 to 4 years.
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null, Expert

Are you on the birth certificate of the child?

Customer
I signed it.
Customer
wrote her (my daughters) name on it
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null, Expert

Okay so you are a guardian then which is good. You are in a difficult position by virtue of not being anywhere close to her. You can file for a Parenting Application seeking contact, however, you would need to specify what sort of contact you are seeking. Your application would include virtual contact for the time when you are abroad and then presumably there'll be some months when you visit Saskatoon and if you know when that will be, you can include those times for in-person contact within the application. Your ex would presumably contest it for her reasons, but ultimately the legal test is 'best interests of the child'. You would need to establish as to why it is in the best interests of the child for you to get whatever it is that you are seeking. And normally a healthy relationship with both biological parents is a good argument (unless one parent can show that the other parent is unfit, or abuses drugs, alcohol etc).

Customer
Okay that's a great first step. How would I file for this?
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null, Expert

So I can't tell you the exact procedure as it varies from Province to Province. However, in generally you will need to make something called a Family Application and then Statement-Parenting. Application will state out what it is that you are asking and the Statement will go into the specifics of exactly why is it that you want what you want. I would recommend retaining a local family lawyer as once you get a court date, you will need to attend court appearances and what not and while a lot of Provinces are doing this virtually due to COVID (not sure about Sask). in-person appearances could be required. So if you yourself won't be able to attend, then at least the lawyer can on your behalf.

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null, Expert

You would file this with the Provincial Court under the Family Division.

Customer
Okay thank you so much!
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null, Expert

You are very welcome. I am glad I could be of assistance. Unless there's anything further in regards ***** ***** I will go ahead and mark this request as complete then?

Customer
thanks so much
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null, Expert

Thank you. Have a great day.

Customer
You as well!
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null, Expert

Sorry, the software won't let me close the request unless my message is the last one! Haha. But no need to reply to this.

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