How does third party supervised visitation work? is the person appointed by the court? who pays for the cost?

My ex wife and I were seperated 3 years ago, and the divorce was finalized last year in June. She got sole custody of the children, (two adorable little girls). Since court was fianlized she has denied me access to the children. She has always taken the children off somewhere and was never home when I go to see them every two weeks for my visits. (Even though I call 24hrs in advance to visitation to say I will be there, as in the order.) She has been hand delivered court orders that she is to comply with access to children and has thrown it in my face saying, "she doesn't have to comply with it." I have since gotten a new lawyer and he is trying to enforce third party supervised visitation. Where someone goes to her home to get the children. I have missed a LONG time with my little girls which will never be given back to me, because of this my children, (which are both very young, 2 & 4), do not even know me thus one of the reasons as well for the supervised visitation. As I stated before, I wonder how the third party supervised visitation works. Is the person appointed by the court? Who pays for the cost? During the vistation will the children be brought to my, (their), home here? Will I get to take them other places such as the beach, playgrounds, other recreational places? Any answers you can give me will be greatly appreciated, thank you.


Asked about 8 years ago in New Brunswick
Categories: Family Law

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Georgialee Alida Lang

Answer by Georgialee Alida Lang

VerifiedBritish Columbia lawyer


It sounds like you have a court order for access and perhaps additional orders for enforcement of access. If that is true, then you should be filing a claim against her for contempt of a court order. I don't really understand why you would seek supervised access if you already have an order for unsupervised access. More details may assist.

Posted about 8 years ago

Please note that this is for informational purposes only and does not constitute legal advice to you. Legal advice pertaining to your particular situation can only be provided by a lawyer who has met with you to obtain all pertinent background information necessary to give you a formal legal opinion. For formal legal advice, hire a lawyer (many give a free first consultation). Contact Georgialee Alida Lang, or search the Lawyer Directory.


Daniel R Jardine

Answer by Daniel R Jardine

VerifiedNew Brunswick lawyer


If you have a court order granting you access, then you can file a motion for contempt and determine if the sole custody arrangement can be varied.  You may be able to obtain joint custody of the children and more frequent unsupervised access.
 
People generally don't want supervised access.  It can be a very sterile environment for you and your children.

Posted almost 8 years ago

Please note that this is for informational purposes only and does not constitute legal advice to you. Legal advice pertaining to your particular situation can only be provided by a lawyer who has met with you to obtain all pertinent background information necessary to give you a formal legal opinion. For formal legal advice, hire a lawyer (many give a free first consultation). Contact Daniel R Jardine, or search the Lawyer Directory.

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