How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Attorney DROD Your Own Question

Attorney DROD
Attorney DROD, Family Law Attorney
Category: Family Law
Satisfied Customers: 33
Experience:  Over 20 years experience in Family Law. Divorce, Child Support, Protective Orders, Enforcement of Orders, Child Protective Service, Power of Attorney, Custody/custody modification and more.
Type Your Family Law Question Here...
Attorney DROD is online now
A new question is answered every 9 seconds

Hello I would like to know what I can do about my son, I let

Customer Question

Hello I would like to know what I can do about my son, I let her go out west for a year to help her out and the court order states I get him for the summer well she wont let me speak it him and now says he is not coming down for summer I want to know what I should do and what I can do
Submitted: 1 year ago.
Category: Family Law
Expert:  Attorney DROD replied 1 year ago.
Hello, thank you for using Just Answer for requesting me to answer your questions. Before I proceed to answer your question, I need just a few pieces of information from you.

Were you and your son's mother married? If not, has a custody case been filed in Provencial Court? If so, what is the status of that case? Has custody been determined? Are there any temporary orders?

If you were married to your son's mother, are you in the process of a divorce or has a divorce been finalized? If you are in the process of a divorce are there temporary custody orders? If the divorce has been finalized was she awarded custody and you visitation?

You say you have contacted her lawyer, so I am assuming some sort of legal case is underway.

Are you represented by an attorney?

Finally, you said you agreed she could take your son "out west" about a year ago. Where exactly is she living?

If you would please provide me with the answers to these questions I can inform you of the general legal principles that would apply to your situation.

Thank you and I will be checking for a response from you.
Customer: replied 1 year ago.


No never married , we have a custody agreement with the province of nova scotia. I have joint custody he lives with his mother. the order he comes home july 1 to aug 15th. I have contacted her lawyer because she keeps saying call her lawyer when we ask when is he coming home. she lives in black falds alberta.

Expert:  Attorney DROD replied 1 year ago.
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.

I want to make certain you are completely satisfied that I have fully answered your question so you can be pleased with your experience with Just Answer. If you have any follow up questions at all or questions regarding issues I did not address, I very much encourage to ask additional questions or ask for clarification. I will answer until you are satisfied you have the information you asked for in your question.

In the event I have fully answered your question, kindly give me a rating of a 3, 4 or 5 so that I can receive the benefit of your positive rating. Also, if you do not rate me with a 3, 4 or 5 I do not receive any payment for my answer.

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 XXXX XXXX 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
Expert:  Attorney DROD replied 1 year ago.
Hello Fred, I am following up with you to see if you have any additional questions I can answer to make sure you are fully satisfied that the information I gave you answered your posted question.

I will be more than happy to answer any other questions you post here. I check in regualrly and I will answer as soon as I see your response.

If you do not have any additional questions, thank you for allowing me to assist you and I wish all the best to you and your son.

Just a reminder, if you have not already rated me, please give me a rating of a 3, 4 or 5 so I will receive credit for my answer.

Thank you again for using Just Answer.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
< Last | Next >
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney and Counselor at Law

    Satisfied Customers:

    6424
    27+ years legal experience. I remain current in Family Law through regular continuing education.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Lawyer

    Satisfied Customers:

    6336
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    5987
    I provide family and divorce law advice to my clients in my firm.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    5773
    JD, 15 years legal experience including family law
  • http://ww2.justanswer.com/uploads/BrianTMayer/2010-01-06_200119_BM.jpg Brandon M.'s Avatar

    Brandon M.

    Family Law Attorney

    Satisfied Customers:

    3810
    Attorney experienced in all aspects of family law
  • http://ww2.justanswer.com/uploads/TU/TUSA/2012-6-6_55219_test.64x64.png Thoreau (T-USA)'s Avatar

    Thoreau (T-USA)

    Lawyer

    Satisfied Customers:

    2634
    Attorney