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ulysses101, Lawyer
Category: Canada Family Law
Satisfied Customers: 3502
Experience:  Over 10 years litigation experience in family, criminal, and civil law
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My children's father has visitation every second weekend.

Customer Question

My children's father has visitation every second weekend. This weekend he showed up Friday and gave me a backdated note saying he gave me 30 days notice to take kids for 2
Weeks. I had already told him at beginning of summer the day camps they were in and gave him option for second week of August but he never confirmed anything. He has the kids and my one son is on medication and only gave enough for the weekend. And he is not giving them back. I have one order from December 2012 that defines the 30 day notice clause for 2 weeks in the summer. But he took me back to court again in 2013 and the new order doesn't mention the 2 weeks in summer. Do both orders count or just the most recent. The newest order has a police endorsement clause for just every second weekend starting Friday at 7pm to Sunday at 7pm
Submitted: 2 years ago.
Category: Canada Family Law
Expert:  ulysses101 replied 2 years ago.

Hello, thank you for the question. What province are you in? Do you have the orders in front of you? What level of court made the orders?

Customer: replied 2 years ago.
I'm in Alberta, the orders are court of queens bench, I have the 2012 copy in front of me however I only have a scanned copy of the 2013 in my email. That was all I was ever sent from his lawyer.
Expert:  ulysses101 replied 2 years ago.

It's good that you have a digital copy of the latter order. Can you attach it to a reply to me?

Customer: replied 2 years ago.
The file will not attach.
Customer: replied 2 years ago.
Unless the order from 2013 says that the order from 2012 is still in effect as well , is the old order void?
Expert:  ulysses101 replied 2 years ago.

Sorry for the delay there. How long is the order? Can you cut and paste it to me, or type out the first few paragraphs?

Both orders are in effect, unless the latter rescinds any provisions of the former. If one order changes the visitation or custody or support of a previous order then it should say so in that order.

Is there anything in the second order that changes or replaces the first order?

And yes, you're on the right track. Unless the second order has rescinded the police assistance clause in the first, then the police assistance is still is still in effect.

Expert:  ulysses101 replied 2 years ago.

Did your examination of the second order reveal anything about rescinding the police assistance clause in the first?

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