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Jessica
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Thom, LLB (JD), Expert
Hi and thank you for using Just Answer. My name is***** will be assisting you with your question.
Just a general disclaimer that this conversation is for informational purposes only. I am a licensed Canadian lawyer; however, you would need to retain a lawyer to take any legal action and/or preserve any of your legal rights. I may be away from my desk from time to time, but rest assured I will always return back as soon as possible.
I am sorry to hear of this difficult situation. Before we get started, can you tell me what province you are in and if the "joint cusotdy" is provided for in a writen agreement or interim order pending the outcome of the litigation? Thanks.
Thom, LLB (JD), Expert
Your former spouse cannot deny you access in the presence of a shared parenting arrangement she agreed to and is filed with the courts. That agreement is enforceable against her if she is denying you your custody. Given that the event is tomorrow, there is no time even for an urgent motion to enforce the agreement. Courts do not look favourably on parents who deny access in the absence of their being any risk to the child. But all of these remedies are after the fact because nothing can be achieved quickly enough before tomorrow. Unless your agreement strictly forbids you to have access to information about your child's education and that the information has to be filteed through your ex-wife to you, then you have every right to be there.
I cannot predict what it is your ex-wife's friend will do. Calling the police would be extreme if you did not present a risk and if there is no no-contact order in place. The police don't want to get involved. Have a copy of the agreement with you. If the friend removes the children, remain calm. Taking matters into your own hands is not advisable. Your ex-wife may want to be reminded or told about what the impact such a spectacle will have on your child, especially as it seems your daughter is expecting you and wants you there. The other option is to avoid the potential for conflict entirely, do not attend the event and instruct your lawyer to convene a case conference or bring a motion immediately to address your ex-wife's denial of access. In some cases, she could be made to pay your costs of having to take this step.
I hope this helps. The solution, given the time frame, is more practical than legal. The legal remedies can be pursued after the event tomorrow. I cannot stress enough the need for you to take the high road should you decide to attend. You want to be able to attend before a judge without anything available to your ex-wife to hold against you.
I am available for follow-up questions.
Thom, LLB (JD), Expert
Her friend is not going to transfer her kids from the school. It's a bluff. The logistics of removing her kid from school because you show up to an event makes no sense and to have it related to a family law matter that does not involve her is even more ridiculous. Your ex-wife is playing a dangerous game. Courts do not appreciate parents who use children as leverage. The best interest of the child is the paramount principle. If you respect that principle no fault will be found with you.
I respect your decision to, perhaps, take the path of least resistance, but only you can assess the relationship you have with your daughter and what your presence will do for and to her. If you think she will be upset, or if she has been coached to react, you may want to avoid the event and then make your ex-wife answer to a judge for her behaviour. If you have not already, I recommend you retain an aggressive family lawyer who press on these issues on your behalf.
I never asked and should have earlier. How old is your daughter?
Thom, LLB (JD), Expert
I don't envy your decision or situation. Judging your daughter's reaction may be best. Avoid the friend and if she engages, ignore her. Allow her to cause a scene. Record it if necessary. You have a right to see your child and an obligation to shield her from conflicts between you and your spouse.
If you let me know where you are exactly, i may be able to help you find a lawyer who can help you out.
Thom, LLB (JD), Expert
Try (289)(###) ###-####and ask for a free 30 minute consultation.
Thom, LLB (JD), Expert
You're welcome. I wish you the best. Thanks for choosing Just Answer and if you have any other questions related to this or amy other matter, please return and ask for me by stating in your question, "This is for Thom".
Thom, LLB (JD), Expert
Hi. I ma curious as to how things went.
Thom, LLB (JD), Expert
That't too bad. Such unnecessary drama. Did you contcat the lawyer today?
Thom, LLB (JD), Expert
I am happy to continue to answer any questrions you may have and I am encouraged that you will contcat a lawyer. Good luck.
Thom, LLB (JD), Expert
You're taking positive and meaningful steps toward building a relationship with your daughter that a court will see. Take it easy on yourself. Many fathers have been where you are and they are out there to speak with you if you wish http://www.canadianequalparentinggroups.ca/Ontario.aspx.