Legal Question in Family Law in Canada

I have a court order for visitation with my son every other weekend and other access aggreed apon by both parties. I e-mailed my ex to ask as it's spring break could I take our child for extra time she e-mailed back saying yes. but only 2 hours, that's okay any extra time is a plus. but now she has e-mailed and said no it dosen't work and I'm to have him back at normal time. can she do this? because I have already made plans and it'll mess them all up.


Asked on 3/24/11, 3:59 pm

1 Answer from Attorneys

Donald McLeod Donald R. McLeod Law Corp.

We would have to see the court order to answer, but it sounds like your ex is being unreasonable. You don't say how old the child is. What is reasonable child access varies with the age of the child. As she clearly won't agree to more time and thinks she can dictate to you, it is time for the Court to intervene. Remember access to both parents is the right of the child, not the parent. A child is entitled to spend as much time with each parent as is reasonably possible. Please see a lawyer with the object of going to court to obtain an amended Order allowing more and different access.

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Answered on 3/24/11, 5:15 pm


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