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Legal Ease
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Category: Canada Family Law
Satisfied Customers: 100429
Experience:  I am a practicing lawyer and have also been an online professional for 5 years.
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I will start by saying that we reside in Ontario, Canada, so

Customer Question

I will start by saying that we reside in Ontario, Canada, so I am hoping that someone can still help us out.
In December of 2014, my girlfriend moved to a new city to get away from an abusive ex-bf (the father of her child). At that time, she was getting away from a situation that was becoming increasingly dangerous to her and her child.
In March of 2015, she made an arrangement with the father to allow him to see their son every other weekend. This was not done through courts, but rather just something that was agreed to between the two of them.
Further to that, three attempts were made to have mediation so that agreements could be made without the courts to custody, child support etc. All three times, mediation was rejected by him.
After talking to police, and reading information online, the decision was made by her, to go ahead and file with Family Law (Form 8 etc) to have sole custody for herself, with visitation rights to the father every other weekend. Those papers were filled, checked, filed and served to the father.
When the court date arrived, he didn't make an attempt to attend, the courts attempted to reach him multiple ways and he did not respond.
The issue that arose on that day was that an adviser told her to change the original filed and served documentation to say that he could see their son WHEN AGREED TO rather than EVERY OTHER WEEKEND. When the papers were sent in, the courts rejected the paperwork because of that change that she was advised to make, and she was told that she would possibly have to re-file and re-serve the papers.
Today, we saw a public social media post in which he villified the mother, stated that he couldn't wait to have his son back all to himself again and said many untruths and rude statements including the fact that he may choose to charge her with abduction etc.
All of this happening after we had recently been driving their son down to him on multiple occasions and driving back to pick their son up (zero attempts made on his end to do any of this). We had verbally agreed to also bring him and pick him up next weekend before we saw this post and obviously now are not intending to allow a visitation.
I guess our questions are three-fold. 1. Can we re-file with proper information that was on the papers that he was served? 2. Is there any hope for someone that multiple times proved that he had no interest in being a part of this process to file something like an abduction charge? (Also note that there are multiple Children's Aid and Police reports against him) and 3. How should we proceed?
Thank you
Submitted: 1 year ago.
Category: Canada Family Law
Expert:  Legal Ease replied 1 year ago.

The way to proceed is to either amend the documents, serve then and file them with proof of service or go ahead with the original documentation.

The reason why it may make sense to go ahead with the original documentation is given these posts it sounds like he may contest if the new documents are served on him.

It really depends on what the mother wants to see happen and not on what the advisor says who didn't even know that the matter could not go ahead if the claim was changed.

There is no likelihood at all that this is considered parental abduction given these facts.

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