View Single Post
  #22 (permalink)  
Old 10-21-2012, 09:08 AM
Tayken's Avatar
Tayken Tayken is offline
Senior Member
 
Join Date: May 2011
Posts: 6,472
Tayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant future
Default

Quote:
Originally Posted by wife#2 View Post
Uneven, I understand your situation. Personally, I think dropping it was a good idea. I find it would have been nearly impossible for a man to prove the child should be with him, change status quo, against OCL, and a change of province to boot! Im sure you would have lost, and had to pay costs.
You never could know this until you do as the above linked Respondent in the CASE LAW counter to the "facts" (your personal beliefs) you are trying to peddle as an "always case".

I can't really say if Unevenplayingground's *husband* whom is the father of the children in question and parent, would have *lost* their case. The disruption of a child's habitual residence is a difficult uphill battle. So, by moving and leaving (his choice) the parent already demonstrated to the court that as a parent they don't truly understand what defines a child's "best interests".

The better argument is that the leaving parent, short of having evidence that the other parent is truly abusive to the child and the child is at risk of serious harm and/or injury remaining with the other parent would have very little case... They could be a man, woman, gay, lesbian, straight and trans gender parents... It really doesn't matter. They will not be successful because it is not in the child's "best interests" to leave their habitual residential neighborhood just because one parent does not want to remain in close proximity to their children.

The real hard question... moving parents never answer is why move? Why move if it is going to impact the child's access to you? Is *your life* that much more important than *your relationship* with the child?

Good Luck!
Tayken
Reply With Quote