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Under the alberta FLA do I have the right to speak to my…

Under the alberta FLA...

Under the alberta FLA do I have the right to speak to my children? the court order only mentions the chidren's right to call without interference. I call and text, but the ex refuses to answer or let the kids respond to my texts

Lawyer's Assistant: What steps have you taken? Have you filed any papers in Alberta family court?

I'v only spoken to the ex several times, with no luck. there are several other access violations, and I would like to include them all in one enforcement order showing willful violation of multiple sections of the agreement.

Lawyer's Assistant: Have you talked to a lawyer about this yet?

Not yet, I'm trying to confirm my rights.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I'm trying to find out if I can use the police enforcement clause without having to go to court first.

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Answered in 18 minutes by:
3/21/2018
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 105,502
Experience: Lawyer
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Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.

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I am sorry to hear this.

Are you saying there is a clause in the agreement that says the agreement is police enforceable but no order?

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Customer reply replied 3 months ago
correct, there is an enforcement clause, but no order yet. I have told the ex on multiple occasions they are violating multiple sections of the agreement, to no avail.it states " upon either party being in breach of any of the terms of this order, or the court orders, any police officer is authorized to forthwith arrest the party in breach.... however the Offending party shall not be arrested unless the Offending Party has been previously served with a copy of this order, or if not served, is shown a copy of this order by the police officer, and upon being given an opportunity to do so , does not obey it"at this stage I am not looking for legal sanctions, but am I still able to use the police enforcement clause? Ie.can I have an officer show her the agreement to start the enforcement clause, or must I go to court first and get her served?
Customer reply replied 3 months ago
correct, there is an enforcement clause, but no order yet. I have told the ex on multiple occasions they are violating multiple sections of the agreement, to no avail.it states " upon either party being in breach of any of the terms of this order, or the court orders, any police officer is authorized to forthwith arrest the party in breach.... however the Offending party shall not be arrested unless the Offending Party has been previously served with a copy of this order, or if not served, is shown a copy of this order by the police officer, and upon being given an opportunity to do so , does not obey it"
at this stage I am not looking for legal sanctions, but am I still able to use the police enforcement clause? Ie.can I have an officer show her the agreement to start the enforcement clause, or must I go to court first and get her served?

But if there is no order what are you reading from when you say breach of any terms of this order?

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Customer reply replied 3 months ago
it is in the Consent Parenting order, police enforcement clause.

Then it is an order and you can enforce it through the police without going back to court. It is not an agreement it is a consent order and that is just what you need.

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 105,502
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Customer reply replied 3 months ago
ok, thank you for the confirmation.

You are very welcome.

I hope it works out.

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