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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 11-19-2005, 11:22 AM
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I am not sure where you are located but if in Ontario, please read the children's law reform act, which can be found here. This act deals with custody and access of children. Which can be found here.

Section 20

Custody and Access

Father and mother entitled to custody

20. (1) Except as otherwise provided in this Part, the father and the mother of a child are equally entitled to custody of the child. R.S.O. 1990, c. C.12, s. 20 (1).

Rights and responsibilities

(2) A person entitled to custody of a child has the rights and responsibilities of a parent in respect of the person of the child and must exercise those rights and responsibilities in the best interests of the child. R.S.O. 1990, c. C.12, s. 20 (2).

Authority to act

(3) Where more than one person is entitled to custody of a child, any one of them may exercise the rights and accept the responsibilities of a parent on behalf of them in respect of the child. R.S.O. 1990, c. C.12, s. 20 (3).

Where parents separate

(4) Where the parents of a child live separate and apart and the child lives with one of them with the consent, implied consent or acquiescence of the other of them, the right of the other to exercise the entitlement of custody and the incidents of custody, but not the entitlement to access, is suspended until a separation agreement or order otherwise provides. R.S.O. 1990, c. C.12, s. 20 (4).


(5) The entitlement to access to a child includes the right to visit with and be visited by the child and the same right as a parent to make inquiries and to be given information as to the health, education and welfare of the child. R.S.O. 1990, c. C.12, s. 20 (5).

If she leaves with the children and does not make adequate arrangements so that the children can maintain their relationship with you, this will look bad on her and the courts do not condone this type of behaviour especially since there is a very healthy relationship established.

For her to move out of the jurisdiction, she needs your consent. Just because she is the mother of the child, this does not mean by default that she gets custody of the children. This will be determined by the best interest of the children test and relevant facts.

It's really hard and difficult times, but you really can't control if she leaves. If she takes the children, IMMEDIATELY retain a lawyer and start a court case. This would show that your not in agreement. Because of the emotions involved, ie: being threatened to loose your kids etc, its no doubt that your are devastated. This is a form of spousal abuse in an emotional way.
The other thing is you have to somehow set your feelings aside and be emotionally strong for your children. Have you considered EAP counselling through your employer to assist you in getting through this difficult time. It takes a strong person to ask for help.

You can't do much until an event occurs. Whwn this happens take immediate action. or you can prepare yourself earlier if you feel she is going to leave and consult with a lawyer before.
  #12 (permalink)  
Old 11-19-2005, 11:29 AM
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BarbaraS is on a distinguished road

That is not a good story chopper. I hope it works out for you.
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