Separated Mother and Father - Mother denying Father access to newborn at his house

finnegan_furball · 2021-02-10T20:40:26+00:00

In Ontario, both parents have equal right to access and parenting. Absent a custody order, mom can withhold access. The best your brother can do is file a motion for custody and access in court. Understand, that once he does, child support will be defined per standards and it all goes down at once. He is looking at an uphill battle because the mom is breastfeeding. So his attorney will likely ask that he be given a phased in approach to custody and access. The default is 50-50 now unless there is an accusation of DV or neglect. If CAS gets involved, then that is an entirely new complexity. Bottom line is he needs a family law attorney to file. The sooner the better.

hendrixski · 2021-02-10T18:53:13+00:00

Not sure about Canada, but in the US if you can prove that the mother is alienating the child then you can seek emergency custody orders from a judge. This would force the mother into some kind of shared custody. If she violates those orders by continuing to withhold the child then she is penalized for it in the final court orders.

At least in theory. I'm reality this is rarely given because most people do not know how to gather evidence and often only gives the father some tiny amount of custody time (still better than nothing, ai guess).

I imagine some similar process for emergency temporary orders exists in Canada too so your brother needs to get recordings of his ex witholding the kids and saying negative things about him in front of the kids.

Cyserg · 2021-02-10T18:27:47+00:00

Not a lawyer, and French.

I know in France a judge had to get involved for a friend to get the right to get to see his son when he was younger. She denied his visits, and said he's abusive (lies) and he still got visiting rights after the judge got involved but it took time.

Don't waste time talk to a lawyer soon!

Isn't there a counselor - mediator, service that can work this out?

Otherwise the only advice I can give you is to call a lawyer. Mainly a parent cannot refuse the other from visiting his child unless the child is in harm.

Actually in some countries, as long as one parent doesn't have full custody, both have every legal right to their children 50-50.

Talk to a lawyer, call the municipality enquire about free legal advice in your area, fight this! The doesn't have the right!

SearchLightsInc · 2021-02-10T23:33:20+00:00

When my brother gave her a time frame, she got frustrated that the time was not exact.. so they ended up arguing.

why couldnt he give her an exact time? You know that babies, specially new borns, have to stick to a routine in order to develop healthy don't you? You ever heard the term "dont wake a sleeping baby" ? Age-old wisdom that is. Dont.Ever.Wake.A.Sleeping baby.

If your friend cant give an exact time then he's not being contentious to his own child's needs. You are literally expecting the mother to rearrange the childs needs around his. This is why their obviously not getting along, he doesnt understand that he's not the main character in this story. Its easy to think the mother is just being difficult but i think what you're forgetting is that infants require around the clock care and on top of that a household has to be run (Clean clothes, food bought & cooked, cleaning of the house to keep it relatively clean to ensure baby doesnt get sick) On top of all of this, the mother has to take care of herself (Eating, sleeping, washing etc) Its not an easy role to take on, i dont think many women realise how hard it is until its too late.

He asked if he could visit with his daughter at his house instead for a few hours, she flat out denied.

I have a feeling that this was not as simple as a request as your making out and the mother had legit onbjections that your bro didnt didnt think were valid. Also, the mention that she's at his house. You know this woman has just turned his spunk into a human being and ruined her body doing it, dont you? The least he could do is provide a fucking roof over the head of the woman who has: 1) Allowed him to pass on his genes 2) Is currently doing all the labour of raising that child without him because he's just too damn busy to give her a specific time (BS btw)

She is breast feeding but in the past when they got along she was always happy to pump milk so his daughter could come over for a few hours.

Things change, needs of the mother change. She might not like pumping for whatever reason. She's not a cow, dont treat her like one.

My question is: Is it legal for her to deny the Father access to see their baby at his own house?

She not denying him access, she;s being reasonable and asking for a specific time. You dont need a lawyer or a court. You need your brother to take his fucking head out of his ass and stop worrying about his ego.

Stop acting like a child - Give her a specific time, be there at that time, don't be late, don't be early, make a commitment and start to build a proper relationship there. She's already one child she doesn't need to deal with the temper tantrums of another. Your brother might not like the mother of his child or want to be with her but that's on him, that's his mistake to own. However, he has no excuse to not provide a specific time to see his own child, any one who says they cant provide a specific time to see their own child is talking out of their ass and playing BS games and that's exactly how the court would see it. Its just so fucking pretty. Tell your brother to grow up - he's a father now and maybe he should question exactly what that means to him

ElGalloBjj · 2021-02-10T18:05:53+00:00

Not sure how Canadian law works, but the only sure answer i can give you to give them is they better figure things the fuck out for the baby's sake before the government gets involved.

Letolethe · 2021-02-11T02:46:26+00:00

Why are you seeking legal advice from random strangers on the internet?

Title	Separated Mother and Father - Mother denying Father access to newborn at his house
Author	turnipcrazy
Upvotes	19
Comments	18
Date	February 10, 2021 5:57 PM UTC (5 years ago)
Subreddit	Posted in /r/MensRights
Original Link	https://old.reddit.com/r/MensRights/comments/lgzexh/separated_mother_and_father_mother_denying_father/
Archive Link	https://theredarchive.com/r/MensRights/separated-mother-and-father-mother-denying-father.834571 https://theredarchive.com/post/834571

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