Hello - my wife and i have separated for 2 months now. We have not legally filed for separation yet but she has moved out with our 5 month old baby and now lives with her parents. She only brings the child to the matrimonial home every Saturday or Sunday for a period of 3 hours. She has allowed me to come to see the baby at her parents home every Monday and Wednesday but i am afraid to go there due to safety/security and privacy concerns. My wife is not currently nursing the baby as she is completely on formula. Am i allowed any overnight child access at all per week? i do not have any criminal records or drug related issues.
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If I was your lawyer we would certainly pursue reasonable access, which would include overnights. If the mother would not agree then a Court Application should be commenced. The argument for reasonable, overnight, access would then be submitted to a Judge. A lawyer can never provide guarantees in terms of what a Judge would do, however in my view this argument should absolutely be advanced on your behalf before a Judge. I can provide you with a better assessment on your chances of success if you telephone me at 877-668-9386 and provide me with additional facts.
(The information provided above is general, not legal advice, as circumstances vary from case to case. As well, generally speaking, the above information relates to Ontario law. Thus, if you wish legal advice that you can rely upon for your specific case, or if you are making inquiries where Ontario law may not apply, please contact Douglas Briand for a free consultation).