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Law.Hut
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What can one do if ones spouse is threatening to just take

Resolved Question:

What can one do if one's spouse is threatening to just take one's child from school one day to see him after only visiting once in a while during the child's 10 years since the separation, 9 years of which were in another province, the last year having returned to Ontario? Would this be enough to have a motion heard on short notice before a case conference?
Submitted: 1 year ago.
Category: Canada Law
Expert:  Law.Hut replied 1 year ago.
Hello:

Yes, if there is concern that such visitation could be harmful to the child, then a court could make an order on an emergent and temporary basis stating that the parent will have no such access. That could then be provided to the school to ensure that they act to prevent such contact, such as calling the police if necessary. Such an order would be in place pending a further hearing where he would have an opportunity to respond and argue why he should b allowed access. After such a long separation a court may only allow access if it starts very gradually, in circumstances where the child is comfortable and has a chance to get reacquainted with the other parent over time, such as visits only being in the presence of another adult with whom the child is familiar and trusting.
Customer: replied 1 year ago.

Considering that school is now over and he hasn't done anything in the past year, although threatening to take him from school because he has a right to do so, would a motion with notice, about 3 or 4 days be better than one without notice?

Expert:  Law.Hut replied 1 year ago.
If he is been making these threats for some time and has not carried through with them, then likely the judge would not allow the motion to be heard on short notice at all. You would likely have to get the usual amount of notice for a motion. It will be up to a judge again whether to make an order on very short notice, just as it is up to a judge to make an order on no notice to the other side.
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