Parents who have legal sole custody
posted 28th Jan
Hey everyone. Question for the mothers who have legal sole custody, especially those in Canada.
The story is... I've been going through a legal process to get 1) sole custody 2) supervised visits 3 ) child support. My ex sent in his application before mine in December (Which was full of lies and bullsmurf), and i sent a response back. My lawyer presented the case before the judge last week and called me to let me know there is a date for February 11th for me to appear. And also to let me know my ex withdrew his appeal for joint custody so i will be awarded sole.
Question is, can i deny vistiation since i have sole? a friend said i could and then it would go to court and it would be brought up that he withdrew his appeal and why i'm refusing visits (drugs, violence, etc) but i think she is wrong...
What are my rights as the sole parent?
Any info from moms who have went through this or something similar would be greatly appreciated.
quotesmurfs?posted 28th Jan
What does it say specifically about visitation?
quoteposted 28th Jan
I didnt want to give vistation at all but my lawyer put on the application that i wanted vists but thought supervised visits were the best interested for baby. He said to me when he called today that he thinks i should call the father and try to work something out on our own. Never mind the fact he was abusive towards me and i had to get an officer to call him in November to tell him if he continued to contact he would be charged with harrassment...
quoteposted 28th Jan
I have sole legal and physical custody of out daughter with resonable visitation. Fortuenetely, visitation has gone smoothly. It works out to every other weekend. I always tell him when she has school days off if he want her he can have her for a visit. Summers work out to every other week.
quoteposted 29th Jan
Watching .. Been in a custody battle for the past two year now and I need some guidance!
quoteposted 29th Jan
You cannot deny visitation. I have sole legal custody and physical placement. He has rights to vistiation. He doesn't take me up on those rights, but he has rights. If you two can't come to an agreement, then the court will come up with a visitation schedule for you. If he [ my ex ] had pursued the vistiation aspect in court, he would have gotten every other weekened and at least one weekday.
quoteposted 29th Jan
Watching. About to start going through this.
quoteposted 29th Jan
1. If visitation is ordered by the courts, you can not deny visitation other wise you can be charged with contempt....regardless as to whether or not you have sole custody.
2. If your order has ambiguous wording like "reasonable visitation" or "at the primary custodian's discretion", you are not allowed to deny visitation unless it is moving beyond "reasonable". For example, if they are requesting every weekend, you have the right to refuse that.
It is best that you have a set visitation plan that is laid out in either your custody order, mediation agreement or mutual signed agreement.
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