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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 05-24-2009, 08:16 PM
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Default Case Conference June 8th CS/SS/Section 7 and Mobility

Case Conference

New here and in need of some support and feedback. Currently life seems to be at a standstill leading up to our Case Conference and Motion set on the same day. My ex and I are worlds apart as far as the issues.

General background:

Been together for 3 years and have a son together who is 2 and we separated in February of this year. Over the course of the last year and a half I have looked for gainful employment in my field of education but given the economics of the area I reside in jobs are really scarce, forestry is the main industry, need I say more. The town is basically turning into a retail sector economy with no industry.

Over the course of the last 8 or so months before separating from my partner, we were never married I started to look outside of my local economy and see what other options in the country are available so the idea was never regarded as being new to him. Having seen a job fair related article regarding the availability of many jobs in Saskatchewan I began to look at this as an option. He was open to the idea provided that I asserted that we would be together as a family. That obviously has not worked out since I left the residence in February. I have only worked part-time since my son was born and previous to this I was being educated.

We had a cordial relationship up until I decided to travel to Saskatchewan to seek out accommodations and the local economy. He was informed that I would be travelling with our son and I was in contact with him during the trip. When I returned he had already sought out a order preventing me from leaving the district and at the time requested a shared parenting regime which was not the status quo.

My Brief

1.Sole custody of our son reflecting the defacto situation as the primary caregiver
2.Child Support
3.Spousal Support as I only work approx. 9 hours per week as caregiver
4.Section 7 Expenses pertaining to daycare costs for our son
5.Mobility to move to seek out employment in an area that is abundant at this time

His Brief

1.Joint custody with him being named the primary with no request for child support
2.Claims that have failed to use my education and even turn down a job. (I have evidence to show all the jobs I applied for in the last year if not more)
3.I left the province without his permission or notice (I have email correspondence to the contrary)

Previous to this he filed affidavits that were quite scornful and even called CAS on me. Totally unfounded. I filed my own affidavit stating the truth and the reasoning behind my requests.

I am really unsure as to how this will turn out. It really is sad because I did try and work through things with him and reason with him on the issue of employment. I know he brought this about because he really did not think that I would look for work outside of this area and take our son with me. We even had a conversation regarding the purchase of a webcam so that he could talk with our son. I don’t think he thought I was serious but there really are no other options for employment in this area other than minimum wage paying jobs. In December I was offered a job as a Legal Assistant in Saskatchewan but turned it down because the employer was requesting a three week turn around.

I really don’t know how this will turn out but any advice on preparing for this case would be helpful. I am prepared to bring with me to the case conference any information that disqualifies his claims against me.

Thank you in advance.

PhoenixRising
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Old 05-24-2009, 10:16 PM
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PhoenixRising,

He wants shared custody and that is his right to decide, not yours.

Your personal desire to move for a better job is trumped by his rights to be a parent. I don't see how your view of the status quo is realistic for a 2 year old that needs both parents for the next 16 years, and lived with them for most of the first 2.

I hope you reconsider the right of both your son and his father to be together as parent/son. The fact that you mention a webcam as some sort of acceptable replacement for shared custody would be humorous if it was not such a serious matter.

You are tied together by this child for the next 16 years - that is just the way it is. If you want to move and give up custody so you can work and support your son while he is raised by his father, I suppose that you have that right, but you don't morally have a right to fight to separate your son and his dad.

If you let things settle, perhaps you can both decide to move to a larger area, and both get jobs that are satifactory - I think he should consider this as compromise is necessary for the shared raising of your son to work, which is as they say 'in the best interests of the child'. Children separated from their parents very often have significant issue with that separation so why even consider it (not that you have right to IMHO...)?

Last edited by billm; 05-24-2009 at 10:19 PM.
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Old 05-24-2009, 10:34 PM
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I'm currently in a similar situation, I have applied for school to go into the field I always wanted to go into. This program is not offered in the area. If I were to stay here I would also be working minimum wage for the rest of my life, especially with the way the conomy is going these days. I'm tired of hearing about men and equal rights...yes I do understand, but why do we as women have to suffer to provide for our children so that he may have more access?

I had even proposed he move as well to be close to the children. For him it is a power trip...it is the only way to hurt...I'm not sure of our situation if he was an involved father or not...Mine was not up until the split. As women it is our job to raise these children, work , maintain a household...The best interest of the child/children are what is most important. It is also important that as a mother we are able to provide for our offspring is that not also what's in the best interest of the child? Why can't the ex make some allowances and try to move as well?Have you proposed this as an option?
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Old 05-24-2009, 11:23 PM
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Quote:
Originally Posted by CBella View Post
...I'm tired of hearing about men and equal rights...
Tired of hearing about equal rights?!?! What a chauvinistic, self centered statement CBella!

If you were referring to my post as being male centered, I assure you that my opinion is gender neutral and I think the parents of a child have equal rights, and unless one parent is legally not a fit parent, they both must be considered to have equal custody of a child. To take that right away should as difficult as it would be to take it away from a single or married parent. Job availability and career has no place in that decision, not even close.
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Old 05-24-2009, 11:34 PM
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Quote:
Originally Posted by billm View Post
PhoenixRising,

He wants shared custody and that is his right to decide, not yours.

He actually asks for both.


Quote:
Originally Posted by billm View Post
Your personal desire to move for a better job is trumped by his rights to be a parent. I don't see how your view of the status quo is realistic for a 2 year old that needs both parents for the next 16 years, and lived with them for most of the first 2.
I realize that our child needs both parents. I have already been through this once before with my daughter where her father lived out of town. As far as the status quo I refer to myself as the primary caregiver throughout our sons life, having only worked part-time while my ex worked full-time. I had to work part-time to put food on the table otherwise my ex's income would not have been sufficient to provide for everything.

Anyone would have a desire for a better job if what was currently available amounted to approx. 9 hours per week at minimum wage. I have been applying for jobs for the last 2 years without success. I obtained my degree in order to achieve success. But when the only industry in this area has died, that being forestry there are hundreds if not thousands out of work. Any job applied for has a least 50 or more applicants. In Goertz vs Gordon the mother was allowed to move from Canada to Australia to go to school. Not much different than looking for a job in that I obtained my education to enable myself to obtain gainful employment. I know the court will always look at what is in the best interest of the child. It has taken me months to consider this option and my ex always been aware of my thoughts in this regards.


Quote:
Originally Posted by billm View Post
I hope you reconsider the right of both your son and his father to be together as parent/son. The fact that you mention a webcam as some sort of acceptable replacement for shared custody would be humorous if it was not such a serious matter.
The topic of webcam was brought up by my ex when we had previous conversations about the possibility of a move by myself. It is no laughing matter of course but the courts have ordered this as an aide when parents have been allowed to relocate.

Quote:
Originally Posted by billm View Post
You are tied together by this child for the next 16 years - that is just the way it is. If you want to move and give up custody so you can work and support your son while he is raised by his father, I suppose that you have that right, but you don't morally have a right to fight to separate your son and his dad.
That is why the issue is to be addressed in court.

Quote:
Originally Posted by billm View Post
If you let things settle, perhaps you can both decide to move to a larger area, and both get jobs that are satifactory - I think he should consider this as compromise is necessary for the shared raising of your son to work, which is as they say 'in the best interests of the child'. Children separated from their parents very often have significant issue with that separation so why even consider it (not that you have right to IMHO...)?
This would have been the plan if I asserted that we would remain together as a couple. I have always been open and honest with him and up until now I have shared all my thoughts with him. Regardless it is in the courts hand at the moment and I have to trust that the court will put the best interest of our son first and foremost. Then we move on from there.
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Old 05-24-2009, 11:59 PM
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Quote:
Originally Posted by billm View Post
Job availability and career has no place in that decision, not even close.
This may be your opinion and we are all entitled to our own opinion.

But when someone has explored all other options to remain where they are and have so far been unsuccessful at obtaining such they do have merit. Together we applied for subsidized daycare so that I may work more than what I currently do as such no spaces are available to us. We also applied for subsidized housing because the situation we did exist in we increasing relied on credit to get us through. This was not way to continue living. If I do remain here I am in need of assistance and that is the bottom line. I would prefer not to be on the public's purse as I have never relied on it before. But the fact is that I need a job and I don't see myself able to obtain anything more in the foreseeable future. There are far too many people out of work in this area.
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Old 05-25-2009, 12:21 AM
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I would guess that the best solution would be for both parents to recognize that a move is necessary all things considered and as such one parent may move against their best personal interests and the childs (in their opinion) for the overall good of all involved.

If they decline to be cooperative in this matter it seems reasonable that a court could make the decision that moving is required and then take input from both parents to choose the best possible location for the child and the parents. Continuation of access for a parent would be dependent on them moving - basically binding arbitration for both parents if they can't agree to move or where to move to. Forcing one parent to the limited choice of staying where they are and giving up access OR moving to where the other parent chooses I don't think is fair - though the move may have to be essentially 'forced' (to retain access), the location should not be without due consideration to both parents and the child. This seems like a solution that gives equal rights to both parents.

The default, and significant onus on it, should be to remain where the child was being raised while the parents were together, despite in some cases significantly better opportuniities for one parent in another location - aka 'you made your bed, now you must lie in it'.

Last edited by billm; 05-25-2009 at 12:44 AM.
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Old 05-25-2009, 12:48 AM
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I would not be pursuing this if I felt I had any other choice. My friends and family know how hard I have tried to be successful where I live but so far it has not been forthcoming. They have been through all my ups and downs. Even my current co-workers have been privy to my attempts at obtaining new employment and my struggles to obtain such. At times they were my sounding board in coming to my decision. This has been very difficult and they do understand why I need to do this. And they too support my decision.

Where I live some even say that I am lucky to have this job and sometimes I really do believe this to be true. There is not much happening to stimulate this economy since no one in the political arena can agree on which way to proceed. Maybe one day they will figure it out, but in the meantime Jack Layton continues his round table discussion so hopefully we'll have an answer in the next decade.

On a side note, in order to supplement my income I have drastically increased my usage of coupons and always look for the items on sale. Many companies provide free product coupon when you provide feedback on their products.
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Old 05-25-2009, 06:57 AM
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I too am in a similar situation. If I stay where I am, no work. I have an excellent job offer somewhere else and am just starting court proceedings this week to be able to move.

My ex was not involved in our daughters life until we divorced. He is still not really involved, just likes control.

I would wish you luck and make a strong case for your child and yourself, that your move and work are in the best interest of the child. It is not the right of the parent....it is the right of the child to know both parents. Your child deserves to live and be fed and be afforded a lifestyle they are currently accustomed too. And if you are stuck in the same place, with no choice of career, unemployed...well this is where I am too...and hoping the court has an intelligent judge. Perhaps you could try to work out visitation suggestions, maximizing the child's time with the other parent....so you are trying to keep up their relationship.

Can your ex move too? Even put that in the court papers. I am trying it, as my ex could move if he wanted to be closer to his child. I have even offered helping with travel costs for my ex.

My intention is not to sep. daughter and father, it is to be able to live.
And your intention looks to be the same, not to sep. father and child (son) but to be able to live and provide for your child.

It is unfortunate that we have to jump through hoops to be allowed to provide for our children.

Good luck with your situation, I hope it works out for you and your child!!
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Old 06-02-2009, 07:07 PM
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Only 6 days left until my case conference and motion and as it has been over the last few weeks I find myself again soul searching.

Aside from the economic benefits to myself requesting to locate to another province with our son in pursuit of employment. The fact of the matter is I may not have employment there yet but the possibilities are great, and I do not have full-time employment where I am either. My current residence is only available for the next 3 months and then I am unsure where we will be living. I am even more secure in my resolve that a relocation is in our son's best interest and I will tell you why.

Continued in the next post....
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