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Attorney DROD
Attorney DROD, Family Law Attorney
Category: Family Law
Satisfied Customers: 33
Experience:  Over 20 years experience in Family Law. Divorce, Child Support, Protective Orders, Enforcement of Orders, Child Protective Service, Power of Attorney, Custody/custody modification and more.
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Hello I would like to know what I can do about my son, I let

Customer Question

Hello I would like to know what I can do about my son, I let her go out west for a year to help her out and the court order states I get him for the summer well she wont let me speak it him and now says he is not coming down for summer I want to know what I should do and what I can do
Submitted: 4 years ago.
Category: Family Law
Expert:  Attorney DROD replied 4 years ago.
Hello, thank you for using Just Answer for requesting me to answer your questions. Before I proceed to answer your question, I need just a few pieces of information from you.

Were you and your son's mother married? If not, has a custody case been filed in Provencial Court? If so, what is the status of that case? Has custody been determined? Are there any temporary orders?

If you were married to your son's mother, are you in the process of a divorce or has a divorce been finalized? If you are in the process of a divorce are there temporary custody orders? If the divorce has been finalized was she awarded custody and you visitation?

You say you have contacted her lawyer, so I am assuming some sort of legal case is underway.

Are you represented by an attorney?

Finally, you said you agreed she could take your son "out west" about a year ago. Where exactly is she living?

If you would please provide me with the answers to these questions I can inform you of the general legal principles that would apply to your situation.

Thank you and I will be checking for a response from you.
Customer: replied 4 years ago.

No never married , we have a custody agreement with the province of nova scotia. I have joint custody he lives with his mother. the order he comes home july 1 to aug 15th. I have contacted her lawyer because she keeps saying call her lawyer when we ask when is he coming home. she lives in black falds alberta.

Expert:  Attorney DROD replied 4 years ago.
Thank you. I can answer your question now.
Your custody agreement constitutes a court order. When a person does not follow a court order, the remedy is to file contempt charges against them, also known as an enforcement proceeding. If a person is found to have violated a court order pertaining to visitation and access they can be fined and or imprisoned.

Unfortunately, the police will not help you as they will say this is a matter for the family court. Her lawyer may not help you either. What you need to do is discuss your situation face to face with an attorney in your area. It may be that having an attorney working on your behalf contact her attorney and inform them that if she does not allow your son to visit with you then you are prepared to file contempt charges against her for her failure to follow the court ordered visitation. If your custody agreement requires she allow you to have telephone or electronic contact with your son you should address this issue with an attorney in your area as well as that could also subject her to a finding of contempt.

I understand you are in a very difficult position and the mother is alienating you from your son. If she cannot be mature and allow your son to have access to his father, as every child needs, you might also discuss with a local attorney if you have grounds to modify the custody agreement so that your son lives with you. An attorney in your area will be able to advise you on the rules for modifying custody.

If your custody agreement does not order telephone or electronic access to your son of a consistent and reasonable nature you might consider modify the custody agreement to order this type of contact so that you will have recourse should your son's mother continue to deny you the ability to communicate with him between visits. Canada's standard for making decisions regarding children is to do what is "in the best interest of the child". It seems clear that any parent who does not allow regular communication between a father and son is harming the child. One must wonder what your son thinks when he does not receive phone calls from you and even what reason his mother is giving him for the fact you are not speaking to him by phone. Again, this is parental alienation.

I cannot encourage you enough to consult with an attorney as soon as possible. Your attorney may be able to settle everything with just the threat of a contempt case and if you have grounds to modify, either custody or to allow for telephone or electronic communication stating to her attorney that will happen.

I hope I have answered your question and provided you with general information which you can now use to help you decide how to proceed by explaining your options.

I want to make certain you are completely satisfied that I have fully answered your question so you can be pleased with your experience with Just Answer. If you have any follow up questions at all or questions regarding issues I did not address, I very much encourage to ask additional questions or ask for clarification. I will answer until you are satisfied you have the information you asked for in your question.

In the event I have fully answered your question, kindly give me a rating of a 3, 4 or 5 so that I can receive the benefit of your positive rating. Also, if you do not rate me with a 3, 4 or 5 I do not receive any payment for my answer.

I am going to schedule a follow up with you in two days in case you think of any follow up questions while you absorb the information I have given you.

I know it is difficult for a caring and loving father to be in your situation and I sincerely hope that everything works out for you and most of all for the benefit of your son whom you so obviously care very much about.

Thank you, Denise
Expert:  Attorney DROD replied 4 years ago.
Hello Fred, I am following up with you to see if you have any additional questions I can answer to make sure you are fully satisfied that the information I gave you answered your posted question.

I will be more than happy to answer any other questions you post here. I check in regualrly and I will answer as soon as I see your response.

If you do not have any additional questions, thank you for allowing me to assist you and I wish all the best to you and your son.

Just a reminder, if you have not already rated me, please give me a rating of a 3, 4 or 5 so I will receive credit for my answer.

Thank you again for using Just Answer.

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