I was in Buffalo on Friday visiting a friend, and was planning to return home on Sat. This was supposed to be my ex's access weekend with the kids, so there was no issue with the plan at the outset. When I spoke to my lawyer on Friday and found out that my ex would likely not have access to the children because our two lawyers couldn't come to an agreement (actually he refused to have a supervised visit), I immediately arranged for my mother to keep the kids for one night.
Here is what transpired:
- I got a text message from my ex around 3pm stating that he would pick up the children at 5pm from my home.
- I replied saying that he couldn't, that since our lawyers did not agree on weekend arrangements, there would be no access
- I called my mother and asked her to pick up the children from the babysitter.
- My mother picked up the children from the babysitter promptly at 5pm (I had asked her to pick them up at 4pm, but she ran late).
- As she turned the corner of my street (babysitter lives on my street), my ex pulled in front of her car and blocked her car forming a "T" shape. This is VERY dangerous and erratic driving especially with children involved.
- He rushed out and took my son out from my mother's car. My mother has two bad knees and is scheduled for knee surgery. She couldn't run after him. She told him he couldn't take the children, and he said that it was his weekend, and these were his children and they were entitled to be with them.
- My ex was with some man that we do not know. My mother asked who the man was and he didn't answer.
- My mother called me and told me what happened. I told her to go to the police station.
- She went to the police station and the police phoned me. I spoke to the officer on the phone. He told me that my ex denied stopping in front of my mom's car, and that he says the children ran out of the car to him. This is a lie. But the officer said that since it was our word against his, and since my ex is also a custodial parent, they wouldn't be able to help me in any way. They told me to get a more clear court order, and one that is police enforceable.
- I text messaged my ex several times asking when he would bring the children home. He did not reply to any of my messages until Sunday, advising that he would bring them at 6pm on Monday. I replied saying it was unacceptable and that the children needed time to wind down and get ready for their first day of school. He refused to bring them earlier and threatened not to bring them back at all, that he would drop them directly to school on Tuesday if I argued with him any further. He doesn't have new school clothes or backpacks so I had no way out but to accept his 6pm return
- I also got a text message from my ex advising that he has changed residences and that he is now living in a basement apartment in Mississauga (5 min drive from my home). He moved without telling me that he was doing this.
- When the children came home, they advised me that they were unsupervised all weekend long and that their dad now lives on his own nearby, and not with his parents as was the case before
- They also advised me that as soon as he got them in his car on Friday, he called the police station himself, advising them that should my parents call, he was acting within his rights on his visitation weekend
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