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Given that this is a long weekend I have made plans to be away

with my son as it...
Given that this is a long weekend I have made plans to be away with my son as it is my access weekend (normally from Thurs evening to 9 am Monday morning). There is nothing court ordered with regard to long weekends as of yet and we had planned to be away until 5 pm Monday evening at which time I was planning to return him to my spouse. What would be the result from a a legal standpoint to both myself and my custody access if he was not returned until 5 pm?
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Answered in 1 hour by:
8/28/2013
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 102,545
Experience: Lawyer
Verified
Thank you for your question.

Before I begin I want to explain a bit about how the site works.

It may be that I will find that I need to gather further information from you. As well, it's quite possible that you may feel the need to ask me additional questions for further clarification.Please do not worry that you will be charged additionally if I ask you questions or if you need to ask me questions. That is not at all how the site works.

As well, please understand that as a careful lawyer I will always give you an honest answer even if the answer is sometimes not what you were hoping for.

Finally, as we go through the process please do not feel rushed if I ask you a question. You are always free to take your time to gather more information before you post back. As well, please understand that even after you rate me the post will not lock and you could always come back for further clarification if you think of something a bit later on down the road.

Is there an agreement or order?

And will the other parent consent to your keeping your son longer?
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Customer reply replied 4 years ago

There is nothing written in the access order with regard to long weekends. She is demanding I return him at 9:00 am Monday morning as per our usual weekend access.

If there is an order that you have to return the child at 9 each time you have access then you would be in breach of the order if you don't.

What you will need to do, for the future, is bring an application to vary the order so that it includes holidays weekends.

But why don't you try and make a deal with her that if you get this weekend she gets another for example?

Or tell her that if you need to bring the child back you will be going back to Court. That may work.

I don't know where you live but it may be possible to get into Court now, on an urgent basis, and get heard before the weekend. You can call the court and ask.
Debra
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Customer reply replied 4 years ago


Thanks for the response. She is attempting to alienate me at every opportunity and she is unwilling to be flexible on any issue. I have taken her to court over other issues and unfortunately that does not deter her. She has had him for several long weekends now and it iseems unfair to me. I will address it by bringing forward an application to the court to ammend the current order.

It's not fair and it will hurt your child so you need to stop this now.
Debra
Debra, Lawyer
Category: Canada Law
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Thanks very much for the rating.

Please take the time to participate in the customer satisfaction survey as that will go into my record with the site.You will be sent an email with the survey in a couple of days.

And feel free to keep my name in case you need me again down the road. You can always put my name into the subject line the next time you post so that your question will stand out for me and I will answer it just as soon as I can.

Thanks and take good care!
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Customer reply replied 4 years ago
We have a court date for this Driday relating to our boat. I filed the motion but I have not yet been served with her reply.
If I accept her response today (being less than the minimum 4 business days required) does that in any way mean I am in agreement to accepting her late paperwork and am willing to overlook it?
Edit

Yes it does.

But if you don't she may try and ask for an extension and will likely get this unless she does this all the time.
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 102,545
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Debra and 87 other Canada Law Specialists are ready to help you
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Debra
Debra
Debra, Lawyer
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