Ottawa Divorce .com Forums


User CP

New posts

Advertising

  Ottawa Divorce .com Forums > Main Category > Divorce & Family Law

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

Reply
 
LinkBack Thread Tools
  #11 (permalink)  
Old 01-27-2017, 06:43 PM
trinton's Avatar
Senior Member
 
Join Date: Feb 2016
Posts: 1,552
trinton has a little shameless behaviour in the past
Default

Quote:
Originally Posted by involveddad75 View Post
I don't think that would be a good idea. Remember custody is about decision making. Someone can be informed and make decisions from anywhere in the world.
For example: People in the military who are deployed constantly have to make decisions about their children from a distance.

I would go back and seek a chance in access, but not necessarily sole custody unless their is a history of issues.
That is under the assumption that you have joint custody? If yes, then yes keep joint and seek primary residency.

If you don't have joint and mom is seeking to move then you may as well seek sole custody. I guess you could seek joint an sole as an alternative.

Moms always go to court and seek sole. I don't see why dads don't. I think we fathers need to grow some sometimes. What we are not able to raise a child without input from mom? What input would we want from someone that is going to destroy access to our child and move the child all the way across the globe?

Sent from my SM-G935F using Tapatalk
Reply With Quote
  #12 (permalink)  
Old 01-27-2017, 09:09 PM
Senior Member
 
Join Date: May 2010
Location: Hamilton
Posts: 3,717
HammerDad will become famous soon enough
Default

Quote:
Originally Posted by trinton View Post

Gordon v Goertz provides that the parent who wishes to move must prove that it is in the best interests of the child that the move happen. Part of the test is whether or not you will facilitate the other parents parenting time.

But moving without permission is a big no-no. Some parents get away with moving without permission mainly because the other parent sits on their hands to long and allows status quo to be established.
Reply With Quote
  #13 (permalink)  
Old 01-27-2017, 09:48 PM
trinton's Avatar
Senior Member
 
Join Date: Feb 2016
Posts: 1,552
trinton has a little shameless behaviour in the past
Default

Quote:
Originally Posted by HammerDad View Post
Gordon v Goertz provides that the parent who wishes to move must prove that it is in the best interests of the child that the move happen. Part of the test is whether or not you will facilitate the other parents parenting time.

But moving without permission is a big no-no. Some parents get away with moving without permission mainly because the other parent sits on their hands to long and allows status quo to be established.
That's not exactly it. It is often the court delays that causes that too happen. Mom moves, and by the time the case get's to trial, child is already in new residence and well adjusted. And to add to that, often the moms will appeal the decisions and delay even more.

I personally don't think that any developments or status quo to the responding parties advantage throughout the delay of court proceedings should be used against that parent. But I also personally feel that the courts shouldn't be taking so long to resolve family law cases. Every case should be set for trial if not settled within 3 months.

I think what we can take back here from this thread is to make sure your agreement imposes a sanction against the mom moving with the child out of the region of residence, or past 20KM of where you live.

Which begs the question, if your order mentions nothing about moves, does the other parent still need to obtain a courts permission? Would they not be alienating you by impeding your regular access if they moved anyways (under the assumption that they move very far) Especially unilaterally in the middle of a court proceeding?

Last edited by trinton; 01-27-2017 at 09:51 PM.
Reply With Quote
  #14 (permalink)  
Old 01-29-2017, 10:54 AM
Tayken's Avatar
Senior Member
 
Join Date: May 2011
Posts: 6,486
Tayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant future
Default

Quote:
Originally Posted by trinton View Post
That's not exactly it. It is often the court delays that causes that too happen. Mom moves, and by the time the case get's to trial, child is already in new residence and well adjusted. And to add to that, often the moms will appeal the decisions and delay even more.
I again quote HammerDad:

Quote:
Some parents get away with moving without permission mainly because the other parent sits on their hands to long and allows status quo to be established.
If a parent has moved the children's habitual residential location in contravention of a court order, agreement or without consent of the other parent the court will act if a urgent motion is brought. Courts do not delay on the matter. The clock of the move immediately stops when the left-behind parent files with the court. So any time accumulated from the start of the application / motion is not counting against the left-behind parent.

If you read my threads on mobility (which I am overly versed in) you will see that Justice Pazaratz has issued a STRONG WARNING to parents who fail to bring the matter to courts in a timely manner. If you don't bring the matter to court in the first six months of the move then you are going to have a problem. Do it before that and you wont... Just as the parent in this matter didn't have a problem.

If a parent sits on their hands for 6+ months then they have an uphill battle in court. That is because the court doesn't credit "time spent" from the date of bringing the application/motion. It would be easy to appeal a matter for which the passage of time was granted on court delays.

Good Luck!
Tayken
Reply With Quote
Reply


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On
Trackbacks are On
Pingbacks are On
Refbacks are On


Similar Threads
Thread Thread Starter Forum Replies Last Post
Travel consent gatekeeping and parenting coordination LearningToFly Divorce & Family Law 11 12-10-2014 06:33 PM
Wording to stop access change due to move billm Divorce & Family Law 24 10-21-2012 07:39 PM
Changing Primary Residence becasue Ex wants to move away with child Kidscomefirst Divorce & Family Law 13 07-30-2012 06:53 AM
Common Law Separation: He Won't Move Out seekinghelp2012 Divorce & Family Law 10 05-22-2012 07:36 AM
Do you need a signed consent to file for Divorce? honest X Divorce & Family Law 3 04-30-2010 05:34 PM


All times are GMT -4. The time now is 02:57 AM.