Ask a Canada Law Question, Get an Answer ASAP!
Hello! My name is***** you for your question. I'm reviewing it now, and will post back again shortly.
I am sorry to hear that you are in this difficult situation.
When you say it is not enforceable by law what do you mean?
There is no such thing as a police enforced agreement.
But the agreement is most assuredly enforceable.
You can seek to enforce it in court by getting an order and then the agreement will become an order. But you also have to have a provision in the court order that makes it enforceable.
But you cannot force someone to take a child. You can only force them to give the child back.
If you want the Tuesday evening access to stop you have to bring an application to the court to vary the agreement.
If you keep the child then you are breaching the agreement and then the father can take you to court.
So it is your choice about what to do with the Tuesday nights but it sure sounds like bringing the child back late on a school night is terribly selfish and not in the child's best interests.
Do you see what I mean?
Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.
I cannot say if it is a strong case as I don't know why he cannot take the child for dinner and then bring him back to you.So I don't know if the court will say cut out the Tuesday visits or just change them so they are not overnight visits any more.
You have custody of the child so it's not really about your rights about what to do on the Tuesday night. If you want the order changed your right is to seek to vary it.
But no court will force a parent to have a child when the parent doesn't want the child so the court is not going to say an overnight visit is mandatory on the Tuesday night. The court will either say no visit or an evening visit that is not overnight depending on what you both prove is in the best interests of the child.