Thank you. I can answer your question now.
Your custody agreement constitutes a court order. When a person does not follow a court order, the remedy is to file contempt charges against them, also known as an enforcement proceeding. If a person is found to have violated a court order pertaining to visitation and access they can be fined and or imprisoned.
Unfortunately, the police will not help you as they will say this is a matter for the family court
. Her lawyer may not help you either. What you need to do is discuss your situation face to face with an attorney in your area. It may be that having an attorney working on your behalf contact her attorney and inform them that if she does not allow your son to visit with you then you are prepared to file contempt charges against her for her failure to follow the court ordered visitation. If your custody agreement requires she allow you to have telephone or electronic contact with your son you should address this issue with an attorney in your area as well as that could also subject her to a finding of contempt.
I understand you are in a very difficult position and the mother is alienating you from your son. If she cannot be mature and allow your son to have access to his father, as every child needs, you might also discuss with a local attorney if you have grounds to modify the custody agreement so that your son lives with you. An attorney in your area will be able to advise you on the rules for modifying custody.
If your custody agreement does not order telephone or electronic access to your son of a consistent and reasonable nature you might consider modify the custody agreement to order this type of contact so that you will have recourse should your son's mother continue to deny you the ability to communicate with him between visits. Canada's standard for making decisions regarding children is to do what is "in the best interest of the child
". It seems clear that any parent who does not allow regular communication between a father and son is harming the child. One must wonder what your son thinks when he does not receive phone calls from you and even what reason his mother is giving him for the fact you are not speaking to him by phone. Again, this is parental alienation
I cannot encourage you enough to consult with an attorney as soon as possible. Your attorney may be able to settle everything with just the threat of a contempt case and if you have grounds to modify, either custody or to allow for telephone or electronic communication stating to her attorney that will happen.
I hope I have answered your question and provided you with general information which you can now use to help you decide how to proceed by explaining your options.
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I am going to schedule a follow up with you in two days in case you think of any follow up questions while you absorb the information I have given you.
I know it is difficult for a caring and loving father to be in your situation and I sincerely hope that everything works out for you and most of all for the benefit of your son whom you so obviously care very much about.
Thank you, Denise