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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 06-18-2014, 10:18 AM
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My situation is that we just had a baby and I want to move back to Toronto after my mat leave where my job is, along with my family. He is here in Ottawa. I need a lawyer now to start working on my case here in Ottawa. Any suggestions?
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Old 06-18-2014, 10:23 AM
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My suggestion would be to consider the best interest of your *shared* child and put your child's needs above your own. If you still want to move back to Toronto go right ahead. Given that your job is more important to you than the best interest of the child, leave the child here with his/her father and your problem is solved.
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Old 06-18-2014, 10:26 AM
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Be ready for a fight. You are free to move where ever you want. The child, not so much. You will need to provide evidence that removing the child from their familiar location and away from their other parent is in the child's best interests.

Should the court or your ex agree that you can move with the child, you should also know that you will be the one responsible for the extra costs and time associated with the ex exercising their parenting. You will also have to provide some sort of schedule that will compensate the ex for any lost parenting time due to the move (ie. midweek parenting time).

It is not an easy sell. Gordon v. Goertz is the presiding case on relocation of the child.
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Old 06-18-2014, 10:36 AM
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Further to that, my former partner has a choice to live in Ottawa or Toronto, for his employment. Should I be granted to leave to Toronto, he would be able to also relocate to Toronto. I have been unable to find employment in Ottawa equivalent to my experience. My son is 4 months. Reason for leaving is father is an alcoholic. I am fearful for our son. Hope this helps. Any advice on who to call would be great.
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Old 06-18-2014, 10:39 AM
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If you suspect there is abuse or neglect you are obligated to call CAS as this would be a protection issue.
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Old 06-18-2014, 11:02 AM
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Your ex may be able to move cities, but what matters is if they want to. They may have sound reason to stay in the location they are in.

And unless your ex has DUI's on their record, has driven the child while intoxicated, or became so drunk while alone with the child they were unable to care for the child, AND you have evidence of this, your accusation will be treated like any other accusation of separating parents.

Last edited by HammerDad; 06-18-2014 at 12:16 PM.
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Old 06-18-2014, 11:23 AM
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Your baby is not your property. It is a perfect little child who needs the maximum involvement of both parents in his life.

The decision to be with your partner and have a child together has life long consequences. Like it or not, the two of you will be tied together by the child forever. Plan on seeing him every week, even if you have decided you don't wish to live together any more.

Your child comes first, and that child needs both parents.

Approach your former partner with your plan, find out when/if he is willing to relocate as well and work together for your son. If he won't or can't move right now, your choice is to force the issue in court (which will cost tens of thousands) or take a lesser paying job knowing that doing so is a consequence of your own decisions.
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Old 06-18-2014, 12:14 PM
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Before everyone assumes the poster is in the wrong perhaps her situation was unbearable. Living with an alcoholic must be difficult.
Have you spoken with your partner? And discussed mediation so you can decided how to move forward?
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Old 06-18-2014, 02:32 PM
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I'm not at all passing judgment on her choice to leave her partner. But even if the situation was unbearable for her, she still has a responsibility to do her best to facilitate "maximum contact" with him for her son. Just because a partner is an alcoholic/difficult doesn't give anyone the right to abduct a child and flee to another city 6 hours away with no Orders in place.
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Old 06-18-2014, 02:34 PM
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To the OP, as a rule on the forums we don't or can't recommend a specific lawyer in posts. Perhaps someone will private message you some options. It may be useful to know which part of Ottawa you live in (east or west).

Personally I don't recommend my lawyer. I got through my case but I don't think she was terribly special nor did an especially good job.
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