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 Law.Hut Your Own Question
Law.Hut, Lawyer
Category: Canada Law
Satisfied Customers: 7846
Experience:  with over 15 years experience.
Type Your Canada Law Question Here...
Law.Hut is online now
A new question is answered every 9 seconds

What can one do if ones spouse is threatening to just take

This answer was rated:

What can one do if one's spouse is threatening to just take one's child from school one day to see him after only visiting once in a while during the child's 10 years since the separation, 9 years of which were in another province, the last year having returned to Ontario? Would this be enough to have a motion heard on short notice before a case conference?

Yes, if there is concern that such visitation could be harmful to the child, then a court could make an order on an emergent and temporary basis stating that the parent will have no such access. That could then be provided to the school to ensure that they act to prevent such contact, such as calling the police if necessary. Such an order would be in place pending a further hearing where he would have an opportunity to respond and argue why he should b allowed access. After such a long separation a court may only allow access if it starts very gradually, in circumstances where the child is comfortable and has a chance to get reacquainted with the other parent over time, such as visits only being in the presence of another adult with whom the child is familiar and trusting.
Customer: replied 4 years ago.

Considering that school is now over and he hasn't done anything in the past year, although threatening to take him from school because he has a right to do so, would a motion with notice, about 3 or 4 days be better than one without notice?

If he is been making these threats for some time and has not carried through with them, then likely the judge would not allow the motion to be heard on short notice at all. You would likely have to get the usual amount of notice for a motion. It will be up to a judge again whether to make an order on very short notice, just as it is up to a judge to make an order on no notice to the other side.
Law.Hut and other Canada Law Specialists are ready to help you

Related Canada Law Questions