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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100993
Experience:  Lawyer
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My ex husband has been charged with facilating a breech, his

Customer Question

My ex husband has been charged with facilating a breech, his girl friend was charge with assault on our son. He proceeded to take our child to see her he was then charged with facilating a breech, there was an undertaking done with conditions that he not have contact with our son. I am being told he is attempting to get a motion to have these conditions dropped prior to his first appearance date. Is this something that can be done?
Submitted: 2 years ago.
Category: Canada Law
Expert:  Debra replied 2 years ago.
It is not at all likely that he will succeed. He has already shown the court that he cannot be trusted with keeping the child away from his girlfriend. There is no reason at all for the court to change a condition in mid-stream like this. If the court does change the condition and he is allowed to be near your son then you will have the option to proceed to family court to seek an order either restricting his access or for supervised access. I suggest that if possible you consult face to face with a family lawyer at this point, just in case you need to proceed to family court on an emergency basis.