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Tom B.
Tom B., Barrister & Solicitor
Category: Canada Law
Satisfied Customers: 2263
Experience:  25 years in practice
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I have a court order /temporary motion whereby residence,

Customer Question

I have a court order /temporary motion whereby I am
Primary residence, the children 12&9 live with me, the father has access there. I have been agreeable to allow him to take them to NS from 21-25dec, I have his travel consent letter. 2 things. He Lied & since told me his schizophrenic brother will be there;we both agree they can't be near him. Yet he makes excuses. Can I prevent him from going or have a restraining order on his brother or him preventing him to bring my boys near the brother?
Submitted: 1 year ago.
Category: Canada Law
Expert:  Ulysses101 replied 1 year ago.

Hello, thank you for the question.

You're in an awkward situation for sure. The father agrees that his brother shouldn't be around the children at all? Or is it the case where he shouldn't be left alone with the children?

Do you know anything about the brother? Is he medicated? Is he violent?

Customer: replied 1 year ago.
I know all the details as to why he was diagnosed. Put in the psych ward for events and they had to restrain him as he would have hurt his mother. These events were years ago prior to us separating. Yes he is heavily medicated; however is also an alcoholic and still drinks. Potentially still does drugs. It's is a serious issue for me and my ex neglected this information.n He keeps trying to reassure me.. It's not the point. He can't agree with me that his brother isn't allowed near the kids supervised or not and then makes excuses for him for what.. To appease others in the family? Not acceptable. Especially because he lied to me (again) in the first place. Very frustrating.
Customer: replied 1 year ago.
If I am not mistaken he was also arrested and put in the mental ward in Toronto during that particular event. Either way he was finally diagnosed and prescribed medication
Expert:  Ulysses101 replied 1 year ago.

I see. You say that you have a temporary order for primary residence. Has anything been decided regarding custody? Mobility? Is there an access schedule?

Expert:  Ulysses101 replied 1 year ago.

Hello Kelly. Have you got this access issue sorted out? I'm here if you want to discuss it further.

If you don't need to talk about it, then I'll wish you luck. If you made a deposit to the site then don't forget about it. You can ask for it back or leave it for a future question. If you're on a subscription then I hope you're getting good value from it.


Customer: replied 1 year ago.
I hope I am not on an subscription .. I put the deposit down to get a question asked. I was out of town when I asked they question and 'twas considering calling however it has become unsolvable at the moment.
What I need tho is a lawyer in the Newmarket area that will accept an aid certificate.