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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 11-16-2005, 01:54 PM
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Default custody and divorce over 2 provinces

Hello,
I hope I am at the right place to get some help. I moved from Montreal in July 2005 to Toronto.I have a 5 year old daughter. My husband has filed for divorce in montreal. I have an emergency motion against him from taking my daughter outside the region of Peel. Is it possible to say ok for the divorce from Montreal and in regards to custody and access can I request it to be dealt by Ontario Court.
Can you please advise me what is the easiest and the cheapest way of doing this and if I can do the documentation for the Montreal court by myself without hiring a lawyer.
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Old 11-16-2005, 09:15 PM
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Generally all the preceedings are located where the child lives. Family Law Rules of Ontario dictate this. I am not sure about the Quebec rules.

It would be economical (legal fee) wise to have everything dealt with in one jurisdiction.

Not sure of the circumstance and the reasons why your making an attempt to control access to the child, and have it occur in the Peel region, but you do have an onus to facilitate maximum contact and access between the child and the other parent as long as the child is not in any harm physically or emotionally.

Contact and access is the child's right and is subject to the best interest of the child. Courts will generally endorse maximum contact unless it is proofed being contrary to being in the child's best interest.

I have looked for quebec web sites for applicable forms but most of those quebec government sites are in the french language.
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Old 11-17-2005, 09:03 AM
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Thank you for your advise.
I got an emergency order as my husband wanted to take back to India for a visit and was threatening me that he would take her away from me if I did not comply with his wishes. I was too scared of loosing my daughter and hence had to go to court to stop him. I have not stopped him from visting her and she talks to him daily, but he wants to keep her for 1 week and I keep her for 1 week, and I don't want to do that. He wants to eventually move to Ontario.
Is there anybody in Quebec that you can refer me too who can help me in filing this response?
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