I am the father of a 9 year old child and there seems to be some confusion between my ex and I regarding an Item in our final order from trial and I do not know how to resolve this. I live in BC and my son lives in Barrie Ontario and I have been awarded 5 weeks access over the summer (after she fought me tooth and nail to only allow me 2 weeks) This is the wording from the order:1 - "Child" shall spend his summer access, Christmas Break access and any additional access of at least 7 consecutive days in lenght, with "father" anywhere inside or outside of Canada as may be decided by "father".2- "Father" shall provide "mother" in advance with a written itinerary of all access with "child" that will occur more than 70 kilometers from Barrie, Ontario. The itinerary shall include the date, time, airline and flight number of any air flights and the dates of anticipated stays at and the names of any hotel, motel, resort, campground, park, rental unit or other place of temporary residence"I have provided the mother with the airline, flight number, date and times of my sons flight, and I have also provided her with the anticipated campground that I was planning on taking my son to in Alaska. The judge stated "anticipated" knowing that plans change. I have done my best to provide her with all the "anticipated" information. The order also states she is to provide me with a notarized letter allowing "child" to leave the Country and this is supposed to be to me within 14 days of my request. I'm going on over 5 weeks now (getting my son this coming Saturday) and she is still refusing to give it to me until I provide her with the exact infomration and she is communicating with a lawyer. I even provided her with a Stat Dec all prepared for her.My issue is, I am not going to book solid plans until I have all the information in hand, and that's because of the games she has always played and her interference (she has been threatened by a judge for jail time because of her games with my access) and she is insisting on getting exact date, name of place, location and address before she will give me a notarized letter. I have provided her with the anticipated destination but as far as I'm concerned, the notarized stat dec should not be date specific because it states I am allowed to do as I please with my son during my access and if the notarized letter is date specific and something changes then I'm limited to what I am able to do with him.I need to know if I'm reading this wrong or if she should be providing me with the notarized letter I have been requesting to state "child" has permission to travel outside of Canada between "date of beginning of access to date of end of access", that covers me if something changes in date and I told her if something changes from my anticipated itinerary that I would notify her ahead of time.If I am not able to obtain an answer for this here, can you please tell me how to go about finding this out and getting this dealt with? I can not hire a lawyer, I spent $30,000.00 for trial and I'm broke but I also do not fall into the category of qualifying for legal aid either. Thanks.
State/Country relating to question: Canada
Reasoning with the ex
Hello! I am sorry to hear about your situation. It seems like the point of contention between the two of you is this language here " The itinerary shall include the date, time, airline and flight number of any air flights and the dates of anticipated stays at and the names of any hotel, motel, resort, campground, park, rental unit or other place of temporary residence" The way it reads it translates to mean that you must provide her with the date, time, airline, flight numbers and locations of where you plan on staying. Since you are going camping, it is assumed that there isn't a specific address, and more likely just a location. I think if you took this to court, or even contacted her attorney and explained the situation they would see how childish she is being, and really the only person she is going to end up hurting is your son because she is denying him the right to go on vacation with you.
If I were you I would give her the information that you have and tell her that if she does not provide you with the notarized document that you will file to have her held in contempt of court for a violation of the court order
If I have answered your question please rate my answer with a positive answer, before leaving a negative rating please ask any and all additional questions you may have and i will answer them
Hello, thank you for your response. The flight itinerary has been given to her, it's the "anticipated" portion that's the problem. I have threatened her with contempt, I have emailed her lawyer, she is still insisting on all this information. The problem I have with going to contempt court is I need her consent to attend via teleconference and she will never consent to that, not to make my life easy.
So it's not unreasonable for me to request a stat dec that outlines from beginning of access to end of access seeing as the order states to provide "anticipated"?
no its not unreasonable as you cannot give her specifics until she agrees, why would anyone book a trip of that nature knowing the possibility of the other parent canceling, tell her that after you have the information from her, and everything is booked you will provide her with more up to date information
if i have answered your questions please rate my answer with a positive response :)
Criminal Defense and Family Law Attorney serving California Statewide
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).