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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100017
Experience:  Lawyer
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The father of my 4-yer old daughter just informed me that he

Customer Question

The father of my 4-yer old daughter just informed me that he and his wife are divorcing. They met and married when our daughter was 1 (they married first, advised me later that he had met someone and married). His ex wants to continue to have a relationship with our daughter who enjoys being with her, but I feel that in the long term this will impact our daughter when either he meets someone new, or she meets someone new. I am also concerned that my daughter may be exposed to arguements that they may continue to have. Do I have any right to say no to continuing this relationship?
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

Are there any orders or agreements with respect to custody or access?

Is she asking you or she asking the father or is the father asking you for this?

Customer: replied 1 year ago.
We have joint custody but primary residence is with me. He has access 1 day per week (his choice for only the one day) and it alternates each week with one sleep over every other week, but he cancelled those sleep overs 6 months ago due to personal reasons. Yet 2 weeks ago I met with both he and his wife and agree to start overnights again. At this time there was no mention of divorce. He has asked for the relationship to continue between his ex and our daughter. I have no animosity towards her but she has never attended any of our daughter's activities. She recently contacted me to see if we could get together to talk as she said she wasn't talking to him, but cancelled the day we were to get together and has not asked to reschedule.
Expert:  Debra replied 1 year ago.

I am sorry for the delay. I actually answered immediately but I can see that my post did not go up. I will to the answer again.

There is nothing requiring you to allow this woman to see your child if you don't think it is best for your child at this point in time.

If the father wants to share his time with this woman then it may be that you will need to seek a court order preventing that if you believe that this is not in the best interests of the child.

At the same time this woman can seek an order for access and it will be granted if she can prove that remaining in the child's life is in your child's best interests and if she did see the child regularly and your child is attached to her there is a possibility that she will be able to succeed.

So really for now you call the shots and have to do what you feel is best for you child and not that woman and see what happens if she doesn't agree with your decision.

Does that help?