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Legal Ease
Legal Ease, Lawyer
Category: Canada Family Law
Satisfied Customers: 100944
Experience:  I am a practicing lawyer and have also been an online professional for 5 years.
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I have a divorce judgement that was granted in June 2014.

Customer Question

I have a divorce judgement that was granted in June 2014. Since this time, my ex-husband has made the conscious choice to disregard many of the items in the agreement in regards ***** ***** kids. For example, this weekend is Thanksgiving and it states in our judgement that the kids are to be shared equally on this weekend. My ex-husband refused to let me have the kids for part of this weekend, claiming thanksgiving falls on his normal week. He has now taken this kids out of the city, has not provided an itinerary and has now decided to block my number, so I am unable to contact my kids and I have no idea where they are, all i know is they are somewhere near medicine hat and they should be home sometime on Monday. Just by doing this, he is in contempt of 4 different items in our divorce agreement. I am not sure where to go from here, or if I can or should get the police involved.
I have a file full of proof showing similar things as stated above over the past year.
I would like to hear any advise you can give me, as I am worried about my kids. When I left the house 3 years ago, he wrote me a message saying he would take the kids and I would never see them again. He claimed with his attorney at the time that he was just joking, and my attorney at the time advised me to just let it go. Now I am not so sure.
Submitted: 1 year ago.
Category: Canada Family Law
Expert:  Legal Ease replied 1 year ago.

You mention a judgment and an agreement. Are these provisions in the separation agreement or are they or are they in the divorce judgment?

Customer: replied 1 year ago.
I have a divorce judgement and corollary relief order issued in Alberta by the Court of Queens Bench. I also have a Divorce, parenting, support and property agreement between myself and my ex. They both say the exact same this in regards ***** ***** weekend.
Customer: replied 1 year ago.
All 4 things that he is in contempt of are all listed in the divorce judgement and corollary relief order.
Expert:  Legal Ease replied 1 year ago.

Then this is most assuredly contempt.

You can seek a finding of contempt and he will be fined most likely. If he continues to do this the fines will increase and he could end up in jail.

As well, this is grounds for seeking to amend the order. For example, you can seek to have it changed so you decide exactly when he can have the kids, and you can seek to have it made police enforceable.

I don't believe the police will help without the order being police enforceable but they may. They will agree to check to make sure your kids are OK at the least. So it makes sense to call them now.