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Court order not being followed

Nadine (Edmonton)

If there was a court order made in 2018 where the mother got sole decision making but the father was to have access to all third party records and be informed of any big changes in the child’s life but was not can he go back and get the order changed? The child has had surgery that the father was not told about and therefore never got to be there for his child. The mother has hardly sent the child to school in the past 3 years with the child missing a whole year. The child has seen a psychiatrist that the father never was told about and was diagnosed with some things and safety plans were put in place for the child from the psychiatrist because the child had suicidal thoughts but none of this was shared with the father. The family dr for the child refuses to give the father any access to medical records at the mother’s instruction. And now the school is blocking the father from information. Which the court order states that he is allowed to access all of this as well the mother is supposed to tell the father all the things that has happened. The father only found out all of this by requesting school documents once he finally found out what school his child was attending

0 15 months ago

Dawn Nelson - Dawn L. Nelson, Barrister & Solicitor (Edmonton)
   Verified Lawyer

Hi Nadine,

I take it you are "asking for a friend" here. The father should speak to a lawyer to get specific legal advice in a confidential setting.

The father would also have to decide if he is wanting to change the order or enforce the order. Those would be two different types of court applications. Although a court order remains an order to be obeyed until it is changed, the father would likely have to have a good explanation as to why he did nothing to enforce the order for eight(ish) years and why it would be in the child's best interests for it to be enforced now.

An added consideration would be the age of the child now. A consultation with a lawyer would shed a lot of light on the father's options and likely success in exercising any of them.


1 15 months ago

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