Thank for the courteous and prompt reply.
Per my understanding, were the father to attempt to take away the children, on a visit, were the attached text be enough to be a deciding factor for arriving authorities (i.e. police officers) to restrain the spouse from doing so. I am under pressure to allow a visit and would like to use this document for the time being.
With the help of God.
I, A. B. , am the mother of (1)C. (2) D (3) E (4) F (5) G.
It is been more than a year that my husband – H. - left the family for good, he didn’t support the children at any means, he was only busy to cause trouble for me and the children and the whole community where I live.
In consequence, I, A. B., considered by law to be: de-facto sole custody parent. Only a court order can overrule the de-facto status.
Why I didn’t want to go to court up to this moment? I will explain this in the court motions, however the main reason are due to pressure from some people to come first to an agreement with my husband.
So as part of this effort I agreed to a Religious arbitration from H. I. (Tel. XXX-XXX-XXXX) Clergy member in “Congregation J. K.” in Montreal that gave a temporary order for Mr. L. M. of Montreal (Tel: XXX-XXX-XXXX) to try to solve all conflicts and disputes by the means mediation between all parties involved, specifically between myself and my husband.
The religious clergy advised me and my family to let the father access and have visitation rights to the children, however they warned me to take extremely cautious security measures to ensure that the father does not run away with the children, since there was clear evidence that he was at one stage planned to take, some or all the children, on a malicious way abroad l were he will transfer the children to foster families in order to take revenge from the community and from me.
No one is authorized to change the current family situation without mutual consent between me "A. B." and my husband "H." and/or a court order.
Therefore, I authorized my brothers L. M. and O. P. to act on my behalf and to prevent my husband to go around with the children without their supervision which will in turn guarantee that the children return to me " A. B. " the de-facto parent.
If they " L. M. " and "O. P." and anyone with them feel there is a flight risk involving the children, I request and authorize them to contact police immediately and use physical force as I would do and in the meanwhile, until the arrival of law enforcement agency, if they see a situation that in normal circumstances a mother will use force to prevent such a unauthorized move I authorize them to use the force on the maximum level that would be allowed by law.
The purpose of this letter is explicitly served to specify my ("A.B.") rights as the de-facto parent, and not regarding his travelling rights with the children rather this letter serves notice about my own rights, however not limiting my rights specified elsewhere by the law and is not to be interpreted as a confession on my part.
I will be more than happy that the court should resolve the issue, however in the meanwhile the de-facto situation should and will continue unless a court orders otherwise.
<END>
Please consider the legal aspect of this letter, and what would be the circumstance in terms of restraint, would the father suceed in his attempt to forcefully take the children.
Optional question: Would you consider taking up this case? If yes, Please contact me by e-mail.
Thank you,
Chana
Thank for the courteous and prompt reply.
Per my understanding, were the father to attempt to take away the children, on a visit, were the attached text be enough to be a deciding factor for arriving authorities (i.e. police officers) to restrain the spouse from doing so. I am under pressure to allow a visit and would like to use this document for the time being.
With the help of God.
I, A. B. , am the mother of (1)C. (2) D (3) E (4) F (5) G.
It is been more than a year that my husband – H. - left the family for good, he didn’t support the children at any means, he was only busy to cause trouble for me and the children and the whole community where I live.
In consequence, I, A. B., considered by law to be: de-facto sole custody parent. Only a court order can overrule the de-facto status.
Why I didn’t want to go to court up to this moment? I will explain this in the court motions, however the main reason are due to pressure from some people to come first to an agreement with my husband.
So as part of this effort I agreed to a Religious arbitration from H. I. (Tel. XXX-XXX-XXXX) Clergy member in “Congregation J. K.” in Montreal that gave a temporary order for Mr. L. M. of Montreal (Tel: XXX-XXX-XXXX) to try to solve all conflicts and disputes by the means mediation between all parties involved, specifically between myself and my husband.
The religious clergy advised me and my family to let the father access and have visitation rights to the children, however they warned me to take extremely cautious security measures to ensure that the father does not run away with the children, since there was clear evidence that he was at one stage planned to take, some or all the children, on a malicious way abroad l were he will transfer the children to foster families in order to take revenge from the community and from me.
No one is authorized to change the current family situation without mutual consent between me "A. B." and my husband "H." and/or a court order.
Therefore, I authorized my brothers L. M. and O. P. to act on my behalf and to prevent my husband to go around with the children without their supervision which will in turn guarantee that the children return to me " A. B. " the de-facto parent.
If they " L. M. " and "O. P." and anyone with them feel there is a flight risk involving the children, I request and authorize them to contact police immediately and use physical force as I would do and in the meanwhile, until the arrival of law enforcement agency, if they see a situation that in normal circumstances a mother will use force to prevent such a unauthorized move I authorize them to use the force on the maximum level that would be allowed by law.
The purpose of this letter is explicitly served to specify my ("A.B.") rights as the de-facto parent, and not regarding his travelling rights with the children rather this letter serves notice about my own rights, however not limiting my rights specified elsewhere by the law and is not to be interpreted as a confession on my part.
I will be more than happy that the court should resolve the issue, however in the meanwhile the de-facto situation should and will continue unless a court orders otherwise.
Please consider the legal aspect of this letter, and what would be the circumstance in terms of restraint, would the father suceed in his attempt to forcefully take the children.
Optional question: Would you consider taking up this case? If yes, Please contact me by e-mail.
Thank you,