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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 08-23-2015, 10:29 AM
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Ya. Thanks. Incidentally. I got sick of lawyers. Self repped. Had a great judge that stuck with us and worked a deal out to avoid trial (something the lawyer should of did. But we know how that goes)


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Old 08-23-2015, 10:34 AM
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Quote:
Originally Posted by phatkid77 View Post
Ya. Thanks. Incidentally. I got sick of lawyers. Self repped. Had a great judge that stuck with us and worked a deal out to avoid trial (something the lawyer should of did. But we know how that goes)


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I hear ya. There are a lot of bad lawyers out there. I went through two before I found a good one. Definitely discouraging. I suppose the same could be said for finding a mechanic to fix your car.
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Old 08-23-2015, 07:44 PM
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You will need to bring a motion to the court ASAP ( whether self-rep or with a lawyer).

The court has specific criteria they look at when determining whether or not a move is in the best interests of a child.
If you do nothing you will be considered by the court to be giving your consent.

Your partner's ex is commiting "self help" which the court frowns upon. It will be helpful for you to look up self help cases when you go to court.
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Old 08-23-2015, 08:29 PM
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Like other said make emergency motion. The deciding factor will be where is better for kids. If you prove it is better for kids to stay because of friends, school etc, thats good, if she proves it is better for them to go and it is useally granted if you were not any or little involved in their upbringing. Their education, medical, dental, CS and so on.

Judge will make decision on that.
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Old 08-23-2015, 08:49 PM
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Thanks guys
But I ask again. How do u put forth an emergency motion? Is there a form on Ontariocourtforms?

She is only moving because her new BF is there. ALL HER FAMILY and his. And his school. Are all here!


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Old 08-23-2015, 09:21 PM
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whose HIS school? Her family being there is a plus for her. Can you move there too?

IDK about ON courts ut simply call them tommorow and ask, or go there and find out.
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Old 08-23-2015, 09:50 PM
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Nooooooo.

The child's school that has been too is here. Not where she moving. Tho she enrolled him... And both families are here (current location) there is nothing where they are relocating.


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Old 08-23-2015, 10:27 PM
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Here's all you need to know on motions. https://www.attorneygeneral.jus.gov..../fc/part_8.pdf

Check this Emergency Motion tool kit out as well:http://lukesplace.ca/wp-content/uplo...r-Dec-2012.pdf .. it has some good info on EM's ..like below.

An Urgent Motion

In this type of motion, court documents are served on the other party before the motion is heard. The other party has an opportunity to file responding material. The motion is then argued in court before a judge.
The choice of motion will depend upon on how quickly the issues need to be dealt with, and the relief being sought. (See below.)

Procedure:
(Motion Without Notice)

These motions are usually brought at the start of a court case; however, they can be used at other times, if and when an emergency arises.

---> .. yes .. proof child is being unilaterally, permanently removed from the area counts. (Does the child have friends, ties in the community?)

There are four key forms required for a motion without notice:

 Application (Form 8),
 Notice of Motion (Without Notice) (Form 14),
 Affidavit (Form 14A).
 Affidavit in Support of Claim for Custody or Access (Form 35.1)[/QUOTE]

Emergency motions can be heard right away.

Necessary forms (above) can be found here:Family Law Rules Forms — Ontario Court Services

Last edited by LovingFather32; 08-23-2015 at 10:30 PM.
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Old 08-23-2015, 10:30 PM
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Thanks! Although I been researching. Doesn't look all that good for him.
A judge let a mother relocate from Ontario to NFLD. but specified liberal phone and Skype access. WTF



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Old 08-23-2015, 10:51 PM
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Quote:
Originally Posted by phatkid77 View Post
Thanks! Although I been researching. Doesn't look all that good for him.
A judge let a mother relocate from Ontario to NFLD. but specified liberal phone and Skype access. WTF



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I know. I let some case law get the better of me sometimes too.

Just remember there are a lot like these: (thanks Arabian)
https://www.canlii.org/en/on/onsc/do...5onsc5129.html

Where the judge said .. NOPE! You can move parent 1 .. but kid is staying in status quo area with parent 2.
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