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Common Law Issues The law regarding common law relationships is different than in cases of divorce. Discuss the issues that affect unmarried couples here.

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Old 01-23-2016, 03:23 PM
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Originally Posted by PeacefulMoments View Post
Maybe mom could propose that as far as CS goes, he pays based on offset as if they did in fact have shared custody. He would have to do that anyway if they are able to work out a way to make shared custody work given the distance.

I would think he should also pay his proportional share of daycare
That's an idea, but then we are talking retro support in the event he doesn't move closer. Sorry, I am all for equal access, but when a parent moves 45 minutes away, it makes that almost impossible. Dad and Mom both work at 7am, before Dad left, D5 was dropped off at before school care at 6:15am (it is a 30min drive from where their home is to their work place and they both work in the same business) and Mom would drop the baby off at daycare. For Dad to get D5 to before school care, he would have to leave at 5:30am to bring her to her school. Meaning the daughter would have to be up at at least 4:30am. The is a very early morning for a little girl.

Mom has told Dad that if he moves back to town they can work towards 50-50 but to move right out of the school district makes things increasingly difficult. Dad has no interest. Child support is the right of the child and currently the children will be living full time with Mom. Mom offered for Dad to pay weekly if that was easier, he refused. Stating to take him to court if she wants support.

He stated he is coming tomorrow to take the furniture, stove and fridge and other household items. All these things they bought together years ago. Does anyone know if he can do this? What are Mom's options?

Mom is trying to talk to Dad but he is mad that he left 3 days ago and she has already set up an appointment with a lawyer next week.
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Old 01-23-2016, 04:01 PM
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https://www.canlii.org/en/on/onsc/do...resultIndex=24

This may or may not be of relevance
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Old 01-23-2016, 07:15 PM
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Concerning his threat to take the appliances and furniture, if these items are in the house, and the house (title and mortgage) is in Mom's name, and the rules about matrimonial residence don't apply because they were common-law, I would say he doesn't have the right to come in the house. Mom might consider alerting the police. And if he and Mom bought the items together, he doesn't have the right to decide (on his own) to take them away. He and Mom have to work out how to split the value of the house contents.

If he's staying with relatives, what does he need with another fridge and stove anyway? What kind of jackass tries to take his kids' source of food?

I'm not normally a fan of calling CAS for weak reasons, but most provincial definitions of child neglect include depriving a child of the necessities of life, so if he does go ahead with trying to take the items the kids rely on, a call to CAS might not be a bad thing.
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