AW and Update and Question
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Join Date: Aug 2009
Posts: 12
AW and Update and Question
I posted my story in a previous thread.
A short summary: AW for 4 years, 3 kids, she finally got caught DUI then 2 weeks ago for assault and mischief. Now, living in a group home with a restraining order for the house but we have contact. She was supposed to go to a rehab treatment facility. AW wants to come back home ASAP.
Yesterday, suddenly a sudden change from last week. Now she wants a divorce and doesn't want to go to the rehab as according to her she hasn't drunk since her arrest and jail time, whatever I say. Today we met again as she wants to see the kids and she wants to proceed with the divorce and to mutually agree as she doesn't want a fight. That plan is fine with me but my big concern is the kids, ages 13 and 9.
My plan is to ask for breathalyzer test on dropping the kids off and picking them up. Also have a plan for the kids when they can communicate to someone when she is drunk and they are with her.
Does anyone have any experience what options can be asked for from the courts and lawyers to protect the kids? Has anyone done this in Canada ?
Any help would be appreciated. I want to go to my lawyer and at least have an idea. Thank you in advance.
A short summary: AW for 4 years, 3 kids, she finally got caught DUI then 2 weeks ago for assault and mischief. Now, living in a group home with a restraining order for the house but we have contact. She was supposed to go to a rehab treatment facility. AW wants to come back home ASAP.
Yesterday, suddenly a sudden change from last week. Now she wants a divorce and doesn't want to go to the rehab as according to her she hasn't drunk since her arrest and jail time, whatever I say. Today we met again as she wants to see the kids and she wants to proceed with the divorce and to mutually agree as she doesn't want a fight. That plan is fine with me but my big concern is the kids, ages 13 and 9.
My plan is to ask for breathalyzer test on dropping the kids off and picking them up. Also have a plan for the kids when they can communicate to someone when she is drunk and they are with her.
Does anyone have any experience what options can be asked for from the courts and lawyers to protect the kids? Has anyone done this in Canada ?
Any help would be appreciated. I want to go to my lawyer and at least have an idea. Thank you in advance.
peaceful seabird
Join Date: Sep 2008
Location: floating
Posts: 4,822
I'm sorry for the stress of all the sudden changes.
My only suggestion for the children is to give the 13 year old a cell phone to use when they feel the need to be removed from a situation.
As for ideas, I think you might find some good ideas from your lawyer. My lawyer knew how the local courts/judges tended to rule, and therefore advised me accordingly.
My only suggestion for the children is to give the 13 year old a cell phone to use when they feel the need to be removed from a situation.
As for ideas, I think you might find some good ideas from your lawyer. My lawyer knew how the local courts/judges tended to rule, and therefore advised me accordingly.
Member
Join Date: Oct 2011
Posts: 235
I am in the US so I am not sure if laws are the same, but I have in my visitation documents that if I suspect my XAH is drinking I can refuse visitation. I do not have to prove he is drinking, he has to prove he is not with a breathalyzer. They said it is too expensive to have him take a test every time. Also, I would fight for custody ASAP. Whatever is in place usually becomes the "norm" when finalizing the divorce and you want to have them with you as much as possible.. Last bit of advice, keep a journal and start writing down every time she is late, drinking, or is just not doing what is best for kids. Good luck!
Last edited by brownhorse; 07-08-2012 at 06:03 PM. Reason: spelling
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