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Hi I am writing for my brother in hope that someone can offer some advice as our family is at a loss on what to do.  
 
My brother and his wife split up I wont go into details as to why.  
 
Since they have split up she will not let him or his family see the kids.  
 
Our family does not have a lot of money but my brother makes enough that legal aid will not assist him but he cannot afford a lawyer.  
 
I was hoping someone could offer advice on how much a lawyer would cost,or if there's is any cheaper options.  
 
my brother is a good father and loves those kids. Any advice will be helpful. They are wonderful kids and its heart breaking this is happening. Thank you!

I pm'd you

Sorry i couldnt send a message. If you could pm me ill reply back.

Hi Tamara,  
 
Thank you for your post.  
 
I'll Pm you.  
 
Edited by PlayM18, 2015-07-21 13:53:09

10,000 is cheap and it will take years if she qualifies for legal aid  
 
Best advice you will ever get is to get a lawyer, push him/her to move it along and in a couple years you'll have a court order. She on the other hand can get it down and a couple months, its just the way it works. The courts look out for the mother not the father. If was 12 years for me but I finally prevailed.  
 
A judge will take the kids from her if she refuses the father access. She can not refuse access to the father unless she can prove he is unfit, near impossible. The family has no rights to the children, only the father does. He can get access but only through the courts. Its the only way.  
 

They both should take "For the Sake of the children" ~ I know back when I did this it was mandatory for one or both parties. I did, he didnt. (It was awful having to take as it broke my heart, but the content was somewhat interesting and makes your truly think to put the children first - sounds like this mother needs that).  
I ended up getting a lawyer, as adviced by others above = very smart move. My ex also got a lawyer. My lawyer in 2008/9 was $5.00/minute. Halfway through he moved me down to his assistant lawyer who was around $3.00/minute. In the end it cost appx. $8000.00 and we were moderately responsible/ respectable with our time/money - so that other fellows estimate of 10K is probably spot on.  
There is such a thing as "grandparent's rights" - I dont know much about it as it's not applicable to my situation, but I did read about it somewhere amongst my legal documents.  
I would suggest calling a legal office and picking their brains a bit before even "obtaining" a lawyer of his own. I had one lawyer talk to me for almost half an hour free of charge when I inquired into moving out of province and how my court documents would then hold up. There are good lawyers and nice lawyers out there ~ as for the courts supporting the "good guy" ... its hard nowadays. I wish your brother and your family all the best. The mother needs reminded that no matter how mad she is at your brother, it's the children that are going to suffer. Your brother and her also need to remember that it was their love that brought these children into this world... don't let their recent hate corrupt that.  
*Also, until there is court documents outlining an agreement on visitation rights/primary care holder etc. they are both the parents. Not one holds power over the other. The primary care is with the one who currently has the children. Theres no wrong or right on who should have them now ~ So if the kids are old enough to contact your brother and arrange a pickup by him, she cant do anything about it. I believe if he took them during her time once arrangements are made then she could charge him for "kid napping". Its a complicated thing ~ contact a true law office is the best first step.

www.gov.mb.ca/justice/family/law/  
 
It may offer some insight, not regarding legal costs but all the other aspects of separation, child access, child support, etc. I believe it is now mandatory that both parents have to take that "For the sake of the children" course. It is a very beneficial course. You may need to call a few law offices to find a less expensive lawyer. I hope things work out for the children: being kept from the other side of the family (without just cause) would hurt them and make them feel like they are being punished. And the mom will one day regret it if she does that. I hope your brother is soon able to see his children.

I am going through something similar! My ex moved out on me with the kids and is now refusing to let me see them at all ! When I could see them it was her rules or I didn't see them! What can I do ? Is it illegal for her to say I can see them and than turn around for no reason and deny me visits ?

Get a lawyer and/or talk to legal aide. My advice: never give up on trying to see your kids or they will grow up to think you never cared to try. Know your rights as a father or as a Mother. You have every right to see your kids unless proven otherwise and if Mom is going to make it difficult then fight tooth and nail.

If you remember at the hospital when your child(ren) were born, they give you a form to fill out and there is a section for joint custody that most parents most sign. So if you remember signing anything at the hospital I'd look into that as you may already have joint custody and not even know it. *if not, I'm not sure how this works maybe someone else can clarify, if their is no custody agreement in place and child has father's last name, don't they automatically have shared custody until they go to court?**

I'm no lawyer but I would assume a father has custody rights from the point a child is born. First thing I would have done had a spouse taken off with my kids and refused to let me see them was report them to the police for child abduction. One parent can not decide if the other parent can see their own children. That has to go through the courts.