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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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  #1 (permalink)  
Old 11-17-2005, 04:25 PM
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Default If she takes the kids?

If my wife were to leave me...can she take the kids where ever she wanted? ie. to another province or far away?
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Old 11-17-2005, 06:13 PM
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Check out:

http://www.ottawadivorce.com/move-away.htm

Hope this helps,
Grace
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Old 11-18-2005, 01:31 AM
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Just an opinion,

Why let her take the kids. Both parents are equally entitled to custody of the children. Incidents of custody and access is determined by the best interest of the childfren test.

If you allow her to leave with the children, you are essentially giving her custody. Courts generally do not disturb the status quo especially if things have worked out for the children in defacto custody situations.
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Old 11-18-2005, 10:41 AM
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Thank you for the reply.

What if my wife just moves out and takes the kids anyway?
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Old 11-18-2005, 04:51 PM
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Quote:
Originally Posted by logicalvelocity
Just an opinion,

Why let her take the kids. Both parents are equally entitled to custody of the children. Incidents of custody and access is determined by the best interest of the childfren test.

If you allow her to leave with the children, you are essentially giving her custody. Courts generally do not disturb the status quo especially if things have worked out for the children in defacto custody situations.
So you are saying if she leaves with the kids, and settles in elsewhere, he is going to be at an extreme disadvantage? I guess my question would be how does he prevent her from doing such a thing without doing something illegal. He can't physically restrain her or anything that would prevent her from doing it? And if she did it on the spur of the moment the courts couldn't help.

I guess the question is how do you stop someone from doing this?
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Old 11-18-2005, 05:21 PM
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Yes that's exactly what I'm getting at. Can my wife just up and leave with the kids? If so what can I do to stop it? Is this legal? Just because she leaves doesn't necessarly mean that I agree. In this case I'm staying in the house the children have always lived....would this not be the statis quo?
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Old 11-18-2005, 07:34 PM
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Its a difficult situation. I guess your worried that she would take the kids behind your back ie: while your at work etc. If you agree to it then its on consent. If you don't agree with it its without consent. If she did this and left with the children, you have to take immediate legal action if this occurs because any delay would be considered acquired consent.
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Old 11-18-2005, 08:49 PM
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Default Need help really bad! Please! Please reply!

So in essence....she can just say "I'm leaving" and at the end of the week pack up and take the kids? She has to go through some type of legal means. Please understand that their is no type of abuse existing and the children would be taken away from a father that loves them very much.
They would be taken away from pretty much everything they have known. If this were to happen I need to know from somebody about their personal experience or from somebody that really knows how to deal with this.

Please help!
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Old 11-18-2005, 09:12 PM
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Is she threatening to do this? If she does leave with the children you will have to go to court on an emergency motion and get an interim court order for custody/access.
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Old 11-19-2005, 08:12 AM
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Default Some one please listen and give me help!

Yes....my wife has theatend me that she was going to leave...actually she made it very clear that she was going to leave on Dec 1st. She told me this on Sunday....I'm not sure this is an idol threat or if it's for real. I've been threatend like this before but I think she is serious this time......can she just leave with no legal agreement? can she just pick up an leave with the kids? if If she intends to due some kind of legal recourse does it have to be presented providing me a certain amount of time to react or can she povide me with some type of seperation papers on her why out the door?
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