Timeframes -- Common law, Ontario

[mom22galz]

LV or someone, can you pls give me the specific times involved herein??

De Facto Custody:
Ex has moved out close to 6 months ago, but we were seperate and apart under the same roof for much longer than that -- close to 2 years.
I've left the custody situation to establish itself as "de facto". Taken a "don't rock the boat attitude" given his penchance for abuse.
I think 6 months is a decent timeframe after which the courts aren't likely to change things??? Not that the ex has himself set-up or anything... He actually moved to a different city and has only seen his kids once since school started, no xmas gifts, no child support... So maintaining custody really isn't an issue at this point, I'd just like to know about timeframes should he start with threats etc., it'd be nice to have documentation @ school/daycare.

Claiming Spousal Support / Unjust Enrichment:
In Ontario, what is the timeframe a common law spouse has to raise a claim for either spousal support or unjust enrichment??
He says if I seek child support, he'll take me for 1/2 of the house, pensions, all that jazz. But I know he only has so long to take this action so figure I'll wait till that period has expired and then seek retroactive child support (should it actually come down to that).
Correct me if I'm wrong, but he's on the hook for his natural children regardless of when the claim is processed??

Thanks so much for your insight, I haven't have net access for a while but am glad to be back on the forums :-}

Peace out,
Mom to two galz!

[logicalvelocity]

mom22galz,

as you mentioned,

Ex has moved out close to 6 months ago, but we were seperate and apart under the same roof for much longer than that -- close to 2 years.
I've left the custody situation to establish itself as "de facto". Taken a "don't rock the boat attitude" given his penchance for abuse.

Until an order from the court or an order provides otherwise; Both parent's have coextensive custody of the child. It appears they have given you acquired consent to this living arrangement. Courts generally don't change the status quo living arrangement of children if everything is working out well for same.

In Ontario, what is the timeframe a common law spouse has to raise a claim for either spousal support or unjust enrichment??
He says if I seek child support, he'll take me for 1/2 of the house, pensions, all that jazz. But I know he only has so long to take this action so figure I'll wait till that period has expired and then seek retroactive child support (should it actually come down to that).
Correct me if I'm wrong, but he's on the hook for his natural children regardless of when the claim is processed??

I believe the Limitation Act applies, Therefore the individual has two years from the point of physical separation to bring forth a claim. I believe the courts will only grant retro-active support only to the date of application.

However, both parents are equally obligated to support the children to the best of their ability. When you do start an application, the court won't be too impressed with his conduct of failing to provide any support before the application.

lv

[mom22galz]

His conduct has been virtually deplorable, borderline child abuse IMHO. Have several taped conversations (yes, he knew I was recording them and even said as much on the tape!) Discusses issues w/an 8 year old like she's an adult, excercizing no judgement. It's frustrating, and I'm left trying to minimize the damage their conversations cause. She's acting out big time, especially after getting guilt trips from her dad. So far I bear the brunt of it at home and she's fine socially, but I'm often left heartbroken.

Financial abuse is ongoing. He's taken almost $2000 out of the joint acct, of which the bank has clear records, yet deposited $0 during that same time frame. The most painful was his $500 withdrawal between xmas and new year, after not even sending the girls a gift and refusing to speak to them on xmas day!!! I had to dip into credit to pay the mortgage. And he somehow feels entirely justified. BTW, he got that money cashing a cheque after figuring out I'd set things up at the bank to xfer funds from my new acct so nothing would bounce. That feature's now cancelled!

Over all though, despite the struggles, the homefront is much calmer since he's been gone. We're adjusting to the new routine. I only wish their dad would be more responsible -- alas, as you've said before, one cannot legislate good parenting.

[logicalvelocity]

mom22galz,

as you mentioned,

His conduct has been virtually deplorable, borderline child abuse IMHO. Have several taped conversations (yes, he knew I was recording them and even said as much on the tape!) Discusses issues w/an 8 year old like she's an adult, excercizing no judgement. It's frustrating, and I'm left trying to minimize the damage their conversations cause. She's acting out big time, especially after getting guilt trips from her dad. So far I bear the brunt of it at home and she's fine socially, but I'm often left heartbroken.

Keep this evidence for future use. Out of the blue the individual may want to reconcile the relationship with the children and as such if this is occurring you may want to have the children's access supervised.

Financial abuse is ongoing. He's taken almost $2000 out of the joint acct, of which the bank has clear records, yet deposited $0 during that same time frame. The most painful was his $500 withdrawal between xmas and new year, after not even sending the girls a gift and refusing to speak to them on xmas day!!! I had to dip into credit to pay the mortgage. And he somehow feels entirely justified. BTW, he got that money cashing a cheque after figuring out I'd set things up at the bank to xfer funds from my new acct so nothing would bounce. That feature's now cancelled!

Close this Joint account or stop using same. Open up an individual account. If matters are litigated, you could claim the amount he withdrew from the account.

Over all though, despite the struggles, the homefront is much calmer since he's been gone. We're adjusting to the new routine. I only wish their dad would be more responsible -- alas, as you've said before, one cannot legislate good parenting.

Perhaps one day your ex may wake up and smell the coffee. Children don't stay children very long. Children also remember. It is unfortunate that the other parent chooses to be irresponsible and remain estranged. However, there isn't much you can do but be there for your children and fill the void.

lv