Answers to pressing questions on Family Law Family Matters by John Syrtash Facing Access Problems Question: My wife has refused to allow me to see my six-year-old daughter for the past several months. There is no problem with the child support I pay, but she insists I am a poor influence because we had a bad marriage. What can I do? can bring a court application to restore your access by enforcing your order or agreement, or commencing an Application for access in either the Ontario Court of Justice or the Superior Court of Ontario (Family Division). After filling and serving your application, John Syrtash the Court will schedule a "Case Conference" where a Judge will review your written Brief in which you complain about access denial and which must be filed beforehand. At this Conference B. A. (Hon.), LL.B. Associate Garfin Zeidenberg LLP Family Lawyer & Mediator for 38 years Answer: In the absence of neglect or abuse, the courts are generally very conscious of a child's right to have as much contact as possible with both parents, including the parent with whom they do not normally reside. Such contact is actually spelled out in the Judge attempts to mediate the access issue by clarifying how another Judge at a motion or trial will rule. If the parties listen and adopt the views of this Case Conference Judge, then the dispute often ends at this very first hearing by a Court Order on consent of both parents. However, if there is still no agreement the Judge might appoint the Children's Lawyer or some other third party professional to assess what is best for a child. Recently the Court has a new tool: a Judge can request a Voice of the Child report from the Children's Lawyer. Prior to a report, a Judge, on motion, can still make a "temporary" access Order and even direct that the Police enforce the child's right to be visited. Mr. Syrtash is Senior Family Law Associate to Garfin Zeidenberg LLP celebrating 38 years as a Family Law lawyer this year Suite 800, 5255 Yonge Street the Divorce Act. Even in the face of a written agreement "access parents" often face problems by primary caregivers who attempt to frustrate access for various reasons. The better way to deal with Such situations is good communication, not court action. Head off conflict by trying to stay on excellent terms with your ex. If this becomes impossible a mutual good friend or clergymen will also save you a bundle. If all else fails, a competent family law lawyer (at Norton) just north of Mel Lastman Square, Civic Centre Subway station Toronto, ON MSG 1E6 John Syrtash can be reached at (416) 642-5410 Cell (416) 886-0359. Visit www.freemychild.com; www.spousalsupport.com; www.garfinzeidenberg.com Neither Garfin Zeidenberg LLP nor John Syrtash is liable for any consequences arising from anyone's reliance on this material, which is presented as general information and not as a legal opinion. Sponsored by the Community for Jewish Culture of B'Nai Brith Canada. Answers to pressing questions on Family Law Family Matters by John Syrtash Facing Access Problems Question: My wife has refused to allow me to see my six-year-old daughter for the past several months. There is no problem with the child support I pay, but she insists I am a poor influence because we had a bad marriage. What can I do? can bring a court application to restore your access by enforcing your order or agreement, or commencing an Application for access in either the Ontario Court of Justice or the Superior Court of Ontario (Family Division). After filling and serving your application, John Syrtash the Court will schedule a "Case Conference" where a Judge will review your written Brief in which you complain about access denial and which must be filed beforehand. At this Conference B. A. (Hon.), LL.B. Associate Garfin Zeidenberg LLP Family Lawyer & Mediator for 38 years Answer: In the absence of neglect or abuse, the courts are generally very conscious of a child's right to have as much contact as possible with both parents, including the parent with whom they do not normally reside. Such contact is actually spelled out in the Judge attempts to mediate the access issue by clarifying how another Judge at a motion or trial will rule. If the parties listen and adopt the views of this Case Conference Judge, then the dispute often ends at this very first hearing by a Court Order on consent of both parents. However, if there is still no agreement the Judge might appoint the Children's Lawyer or some other third party professional to assess what is best for a child. Recently the Court has a new tool: a Judge can request a Voice of the Child report from the Children's Lawyer. Prior to a report, a Judge, on motion, can still make a "temporary" access Order and even direct that the Police enforce the child's right to be visited. Mr. Syrtash is Senior Family Law Associate to Garfin Zeidenberg LLP celebrating 38 years as a Family Law lawyer this year Suite 800, 5255 Yonge Street the Divorce Act. Even in the face of a written agreement "access parents" often face problems by primary caregivers who attempt to frustrate access for various reasons. The better way to deal with Such situations is good communication, not court action. Head off conflict by trying to stay on excellent terms with your ex. If this becomes impossible a mutual good friend or clergymen will also save you a bundle. If all else fails, a competent family law lawyer (at Norton) just north of Mel Lastman Square, Civic Centre Subway station Toronto, ON MSG 1E6 John Syrtash can be reached at (416) 642-5410 Cell (416) 886-0359. Visit www.freemychild.com; www.spousalsupport.com; www.garfinzeidenberg.com Neither Garfin Zeidenberg LLP nor John Syrtash is liable for any consequences arising from anyone's reliance on this material, which is presented as general information and not as a legal opinion. Sponsored by the Community for Jewish Culture of B'Nai Brith Canada.