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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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  #11 (permalink)  
Old 12-16-2016, 01:57 PM
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Wait a minute...

You signed an agreement that clearly indicated a mobility clause while you were in a long distance relationship? Now you want us to feel sorry for you because your childs father was being proactive in keeping his child here and his relationship intact?

If you were in a long distance relationship you never should have signed an agreement that included a mobility clause. Your baby daddy isnt the bad guy, you are. Why? Because you knowingly agreed to stay while in a relationship with someone going through a tenure process away from your location.
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  #12 (permalink)  
Old 12-16-2016, 01:58 PM
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Originally Posted by Tatyana K View Post
I am confused , in one case I am applicant and in the other respondent. how they can fuse
There will only be one trial of the issues and you haven't even brought your mobility Reply. You wouldn't make a new Application if there is already an application before the court. It is part of the court stream lining process. You can't have two active applications. You would amend your Reply and include your mobility claims. You don't bring a new Application.

You don't get to have more than one trial at a time.

One judge one trial all issues.

If you have failed to bring forward your Mobility you are going to have to get consent to update your Response to the Application for more access the father has made.
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Old 12-16-2016, 02:00 PM
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Originally Posted by rockscan View Post
Wait a minute...

You signed an agreement that clearly indicated a mobility clause while you were in a long distance relationship? Now you want us to feel sorry for you because your childs father was being proactive in keeping his child here and his relationship intact?
To add to that... Only 9 months ago... (signed FINAL order on CONSENT)

OP doesn't understand how binding a FINAL order on CONSENT really is. LOL.

Quote:
Originally Posted by rockscan View Post
If you were in a long distance relationship you never should have signed an agreement that included a mobility clause. Your baby daddy isnt the bad guy, you are. Why? Because you knowingly agreed to stay while in a relationship with someone going through a tenure process away from your location.
The judge will go nuts and throw the whole agreement out and re-order. Lots of cards stacked in the father's favour. She lied in the negotiation and settled with knowledge of the move. You can't do that... It will be used against you.

Also, the argument that you didn't know 9 months ago doesn't fly. It talks to the true instability of the realtionship you are in. It talks to the sudden nature of the change.

Good luck! - You will need lots of it!
Tayken
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Old 12-16-2016, 02:02 PM
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As I said 9 months ago my fiancÚ did not have permanent job, it would be an adventure to try to move in such circumstances. I also have to act as a responsible parent who knows that move would be into stable economic situation, especially it is a move to the other country with different health system etc. This is not only logical, this is true why it happened as happened.It would be ridiculous for a judge to think that I suddenly decided to get married and move because father asked for child support reduction and access expansion. Considering my relationship is 3 years old, it was a natural development of things and now we have a good plan.
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Old 12-16-2016, 02:08 PM
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This is not really an aggravating mobility clause. I have a clause that child can’t be moved out of our municipality without other parents agreement (not to be unreasonably withheld) or court’s permit.I was told it won’t aggravate my situation as long as I have sole custody. As you know with sole custody people also move out and then are taken back to court.
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Old 12-16-2016, 02:12 PM
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What does it mean, lied about move. I did not know if relationship will develop into engagement, we did not know how work situation will be like in future for my fiancÚ, time has passed, relationship progressed, he got permanent job and got proposed. This is nonsense that I lied, when signing final agreement, etc. I had very good lawyer, one of the best in town back then, he told me if there is no plan to move right now, we could not deal with mobility back then.fficeffice" />>>
He said, once I have a plan, I file a motion to court and deal with it having a plan in mind. And he said, sole custody goes long way and will help me.
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Old 12-16-2016, 02:19 PM
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If your lawyer is so good why did you settle on consent with an order that goes against a long term plan.

I dont believe you when you say you werent sure about your relationship with this new guy. He was a tenure track professor at a US university. Even the flightiest girls know that means money and permanency. Everything you have said screams gold digger. You tried to trap guy #1 by having a baby. Now youre trying to move on with rich boy number 2 and your past has come back to haunt you.

I hope the judge you get sees right through your bs and tells you to go without your child. You should be ashamed of what you have done to that child. Your baby daddy isnt the bad guy, you are.
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  #18 (permalink)  
Old 12-16-2016, 02:29 PM
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Well,
Thanks very much but last thing I am is a gold-digger. I wanted some advice, not insults from this forum. With father of my child I dated many years, never had financial relationship, only paid for restaurants. I always worked and made my own income. When he got rich which was not predictable to say the truth and left me, I did not apply for child support through first years , only when he took me to court I had to.My fiancÚ is my second half, someone I truly love and trust. Maybe losers think that a professor is something very lucrative, because they work in Tim hortons…but in Russian community most people have good jobs, at least as well paid as my fiancÚ’s, they don’t have to be professors for that, software developers, scientists, engineers. So, he is not out of ordinary, just an educated person. Gold diggers go for lawyers and doctors and investors, I assume, I don’t know as I am far from these values of life. Money never meant much to me. It is good to have but people can be happy without tonnes of money.
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Old 12-16-2016, 04:41 PM
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Tatyna, I truly think you are missing the point of the advice you are being given. I understand you want to move and don't like the advice being stated, but the fact is YOU signed an agreement on CONSENT marked FINAL. If you have been together for 3 years, surely you knew this was eventually coming, surely you knew what your bf/fiance was working towards. Yet you still signed an agreement with a mobility clause.

I will be as honest as the other posters, you have a long battle ahead of you. The father has a good chance of increasing access, as that is in the best interest of the child. The child being relocated to another Country and away from all the child knows, is not in the child's best interest.

Please answer this question... if you believe that you have a solid parenting plan that will allow Dad to have valuable time with his child when you move, would you be willing to accept the same terms? Would it be acceptable for you for the child to stay in Canada and have visits with you in the US, inline with what you are proposing for the father?

Answer that question honestly, because you will be asked this in court and you will have to have a good answer for it.
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  #20 (permalink)  
Old 12-19-2016, 04:43 PM
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http://www.canlii.org/en/on/onsc/doc...&resultIndex=1


Relocation case with joint custody, mother was able to move and got almost full cost award. It is a different story, but interesting to read.
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