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
  #1 (permalink)  
Old 08-23-2015, 09:47 AM
Senior Member
 
Join Date: Dec 2009
Posts: 135
phatkid77 is on a distinguished road
Default Help. EX is moving

Lots of experience on here.... Couple questions for a friend

His ex called and said she moving in 4 wks with the two kids 3hr away (got a better job....but in reality following new BF in military)
My research says he is screwed basically but the onus WILL be on her to drive the kids back and forth for access
Doesn't help much if kid has a soccer game and he lives 3hr away. Will never be there..
My agreement specifies. No moving out of town boundaries
What can he do here ? She already enrolled kids in school. Bought a house with BF. THE. Informed him. "We r leaving"
I said put an emergency motion in trying to stop the move (unlikely?). Speaking of. How does one do this? Is there a form number?
This just enrages me that this can happen and nothing anyone can do
OH!! And because he is moving. Says she needs child care so ONTOP of the ?1600$/month receiving. Wants $10000 for the daycare kids enrolled in

SOMEONE have anything positive to say here
Thanks!!


Sent from my iPhone using Tapatalk
Reply With Quote
  #2 (permalink)  
Old 08-23-2015, 10:33 AM
arabian's Avatar
Senior Member
 
Join Date: Jan 2011
Location: Western Canada
Posts: 9,962
arabian will become famous soon enough
Default

Assuming your friend does not have primary custody, has your friend exercised all of his access?

Do they have a separation agreement? How long have they been separated? How long has she been with the bf?

I don't know much about child custody but it seems that there are almost a different subset of rules for military families who relocate frequently....

https://www.canlii.org/en/on/onsc/do...&resultIndex=9

Last edited by arabian; 08-23-2015 at 10:46 AM.
Reply With Quote
  #3 (permalink)  
Old 08-23-2015, 10:43 AM
Senior Member
 
Join Date: Dec 2009
Posts: 135
phatkid77 is on a distinguished road
Default

Doesn't have primary.
Gets every other weekend and every weds...
There is an agreement. Prob 1+ old. Separated 2+ I'd guess
Been with new boyfriend. Month to 1yr


Sent from my iPhone using Tapatalk
Reply With Quote
  #4 (permalink)  
Old 08-23-2015, 11:04 AM
Senior Member
 
Join Date: Dec 2006
Location: Kitchener Ontario
Posts: 5,241
standing on the sidelines is on a distinguished road
Default

she is allowed to move but I don't think she can just move the kids like that. I hope he has sent her a letter or email stating he doesn't agree with the move in order to get a paper trail started. He will end up with just EOW in the future if he doesn't stop this. Does the agreement have a mobility clause?

He should offer the same back to her..the kids stay with him and she does EOW. If/once the kids are in school if they are 3 hours away then the wed nights will be done.
Reply With Quote
  #5 (permalink)  
Old 08-23-2015, 11:05 AM
Senior Member
 
Join Date: Dec 2009
Posts: 135
phatkid77 is on a distinguished road
Default Help. EX is moving

That's what I suggested. You can go. Kids stay... You can have EOW.
Agreement has nothing about moving. Glad I got that in mine.
Also. Guess they have "joint/shared custody"


Sent from my iPhone using Tapatalk
Reply With Quote
  #6 (permalink)  
Old 08-23-2015, 11:08 AM
blinkandimgone's Avatar
Moderator
 
Join Date: Feb 2010
Location: Lucknow
Posts: 5,229
blinkandimgone has a spectacular aura aboutblinkandimgone has a spectacular aura aboutblinkandimgone has a spectacular aura about
Default

Doesn't matter what the arrangement is, they have an agreement in place that sets out access for him. Does it say anything about relocating the kids?

He needs to inform her immediately that he does not agree to the kids being moved, have his lawyer send a letter indicating same and although she is free to move herself and leave the children with him, she is not free to move the children to any location that would restrict or impede his access.

Get a motion started to block the children's move.

Oops, replied at the same time as SOTS.
Reply With Quote
  #7 (permalink)  
Old 08-23-2015, 11:17 AM
Senior Member
 
Join Date: Apr 2014
Posts: 178
ninehundredt is on a distinguished road
Default

Agree with previous posters on here. It's fairly common to have a stipulation in a custody / settlement agreement which states that the party planning to relocate must provide 60 days (or whatever) notice in writing.

Get in touch with a lawyer. It's your best bet for a quick resolution.
Reply With Quote
  #8 (permalink)  
Old 08-23-2015, 11:19 AM
Senior Member
 
Join Date: Dec 2009
Posts: 135
phatkid77 is on a distinguished road
Default

Lol. 60 days. She just called him tues and kids enrolled in school to start sept 1. What's that 2wk?
How set forth emergency motion


Sent from my iPhone using Tapatalk
Reply With Quote
  #9 (permalink)  
Old 08-23-2015, 11:22 AM
arabian's Avatar
Senior Member
 
Join Date: Jan 2011
Location: Western Canada
Posts: 9,962
arabian will become famous soon enough
Default

https://www.canlii.org/en/on/onsc/do...&resultIndex=6

… A parent cannot unilaterally change a child’s habitual residence by surreptitiously removing the child from one province to another. At one time, it was thought that a parent who had custody of a child could, as an incident of custody, change the child’s residence. Such a conclusion assumes that a custodial parent has the right to change the child’s residence. In Carter v. Brooks (1990), 1990 CanLII 2623 (ON CA), 30 R.F.L. (3d) 52, 41 O.A.C. 389, 77 D.L.R. (4th) 45, 2 O.R. (3d) 321, the Ontario Court of Appeal held that a custodial parent did not have a unilateral right to change a child’s residence. While the authority of Carter has been questioned in some mobility cases, no case to date has granted a custodial parent an absolute right to move with the child. Hence, the suggestion that a custodial parent has the right to change a child’s residence should be rejected. However, if one parent agrees to the child moving permanently or indefinitely with the other parent to another province or country, a move by the custodial parent with the child will change the child’s habitual residence because the parents consented to the change in residence.

If a parent does not expressly consent to the child moving but does not take any steps to prevent the move when made aware of it, a court may find that he or she has acquiesced in the move, which is tantamount to agreeing to it. One parent’s consent to or acquiescence in the child living with the other parent does not mean that consent to or acquiescence in the child moving with the other parent. A court must draw a distinction between consent to or acquiescence in the child living with a parent and consent to or acquiescence in the child moving with a parent.

Section 22(2) of the Act provides that a child is habitually resident in the place where he or she resides with a parent under a separation agreement or with the consent or acquiescence of the other parent or under a court order. That a child lives with one parent with the consent of the other does not mean that the child’s habitual residence is wherever the custodial parent chooses to live. In order to change a child’s habitual residence under s. 22(2)(b), a parent must consent to the child living with a parent in a particular place..."

I believe the key is to act quickly and decisively let it be known that you object.
Reply With Quote
  #10 (permalink)  
Old 08-23-2015, 11:24 AM
Senior Member
 
Join Date: Apr 2014
Posts: 178
ninehundredt is on a distinguished road
Default

Start shopping around for a decent affordable lawyer. The good ones will let you make payments (presumably you can put down something to get started), as most of us can't afford a $6k down payment for services. It's not easy, but with a little legwork you can find someone decent. My lawyer charges $250 per hour, which is on the low side.

You might be able to find someone for less, but results may vary. It's painful financially, but far easier in the long run than learning all of the ins and outs of the court system. Court officials don't like self reps to begin with (it's a good ole boy club).

EDIT: Speaking from my own experience here...obviously you can self rep with varying success. I already work full time, and don't have the time to self rep.
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
Joint Custody; moving, notice of move, oppsed move, etc Stacy'sMom Divorce & Family Law 21 09-03-2014 11:35 PM
Ex is moving... stressed76 Parenting Issues 11 08-27-2013 04:07 PM
Moving closer to the NCP... Should I? stressedmama Parenting Issues 3 07-30-2012 01:38 PM
Stopping CP from moving? ForwardFromHere Divorce & Family Law 3 05-14-2010 01:58 PM
Urgent need of HELP - Moving Issues CatvsLion Parenting Issues 4 10-20-2005 11:08 AM


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