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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 02-03-2012, 12:04 AM
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Default I need to serve CC, but she has moved!

Hi here I am again : ( As some of you might know from my recent posts, I have CC coming up and I need to serve my ex with CC brief. But surprise!!! She has moved and now I don't even know her address. And no, I do not have her phone # either. They totally cut me out. Is there a way to get her address? Someone told me that the info might be available at City Hall? What do I do? Thanks.
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Old 02-03-2012, 06:48 AM
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Do you have children? Does she have a lawyer?

If there are kids involved, you have a right to know where your kids are at. If she has a lawyer, serve the lawyer. Does she have family in the area? parents/etc? Serve her at THEIR home.

Does she work? Serve her there.

Does she have email? Send her an email requesting her address so you may send her the legal docs. Then if she doesn't respond, you can show you attempted to make contact in order to follow proper process.
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Old 02-03-2012, 07:38 AM
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Yes, I have a daughter with her. No, I don't have her e-mail and she doesn't have a lawyer, neither do I. So I can't even request to provide me the address. Parents house is a possibility, but they don't speak english. But I will definitely try there. I guess I will brink up in court for her to provide me with the address. Thanks.
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Old 02-03-2012, 07:55 AM
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Quote:
Originally Posted by JB514 View Post
Yes, I have a daughter with her. No, I don't have her e-mail and she doesn't have a lawyer, neither do I. So I can't even request to provide me the address. Parents house is a possibility, but they don't speak english. But I will definitely try there. I guess I will brink up in court for her to provide me with the address. Thanks.
You have to make a reasonable effort to locate her. I would recommend you retain a service provider (there are many on the internet) to serve the documents. For around 65-80$ they will find locate her and serve her the document.

It is just easier to use a service provider to serve the materials.

Good Luck!
Tayken
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Old 02-03-2012, 08:56 AM
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Get a service provider to try and serve her. If they can't locate her, they will give an affidavit stating such.

Also, make all reasonable attempts to locate your daughter. Call your ex, her parents etc. Request, in writing, the location of your child. Should you not be able to locate your child or your ex doesn't provide her address, file a motion in court to compel. If you have reasonable belief that she has fled the jurisdiction, file an emergency motion in court to have the child returned to the jurisdiction.
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Old 02-03-2012, 11:09 AM
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Thank you all for your responses. I will do as you advised.
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Old 02-03-2012, 11:16 AM
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Quote:
Originally Posted by HammerDad View Post
Get a service provider to try and serve her. If they can't locate her, they will give an affidavit stating such.

Also, make all reasonable attempts to locate your daughter. Call your ex, her parents etc. Request, in writing, the location of your child. Should you not be able to locate your child or your ex doesn't provide her address, file a motion in court to compel. If you have reasonable belief that she has fled the jurisdiction, file an emergency motion in court to have the child returned to the jurisdiction.
If you have no contact and it has been a while you should be going to your local police department with your concerns and court orders. If you have a reason that they have fled the jurisdiction time is of the essence and the Criminal Code of Canada covers abduction with or without a custody order.

But, that is after a reasonable attempt to contact. But, don't sit around waiting to find your child. If you are concerned you need to act on it. Time is of the essence.

Good Luck!
Tayken
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Old 02-03-2012, 11:34 AM
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The same thing happened to us at Christmas. Went to drop off a gift for our daughter and discovered the house vacant.

I believe your daughter has to be under the age of 14 in order for it to be considered abduction, but not sure about that.

In the end it was simple for us. We used Canada 411 to do a reverse look up on her phone number - but that won't work in your case

Such an awful feeling. Even though there's no contact and the x has taken everything else, just at least knowing where she goes to sleep at night is something. And then they take that too. So sorry JB.
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Old 02-03-2012, 03:28 PM
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Have you tried locating your child at school? inquire with the last known school board. If she has fled the jurisdiction the school board would have transfered the file to the new school. Also, try inquiring with the last known family doctor.

If any of the above will not cooperate with you, file an emergency notice forcing them to cooperate.

Good luck
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Old 02-03-2012, 03:45 PM
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Thank you all! I know that she has not left the jurisdiction. Unfortunately I do not have any contact with my daughter for over a year now, but as PLKY said, just knowing where she is and sleeps is something. Just because she chooses not to speak to me, doesn't mean I don't care. I will have to check with her school because she will probably stay there until at least the end of the year. Can the school release this kind of info though? And my daughter is almost 15 and is full of attitude, so I can't just locate her and inquire where she lives now.
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