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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 06-11-2015, 02:34 PM
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Default Joint custody - Ex wants to move from ON to BC

Been separated from ex for 6 years and divorced for 3. We have a final order outlining joint custody of 2 boys (7 and 13), week on week off access schedule.

I recently filed a motion to change the day of the week that we exchange the children. I made several attempts to arrange mediation but my ex would not agree to mediate.

After I filed the motion she responded with the same unsubstantiated claims that she brought up years ago when we first split. I am remarried and many of the newer claims are about my wife...the two women have never met because from day one my ex has been threatening over phone, hostile etc. My ex is no longer allowed to attend our home to pick up the kids because of numerous threats she has made towards my current spouse. My wife has a fantastic relationship with my kids and my youngest views and treats her like she is the best mother in the world. It's really amazing to see the connection that they have.

In my ex's response, she is asking for sole custody of both kids and to move them from Ontario to BC to reconcile with a boyfriend who she plans to marry. She would be working in the same field as she currently does but her motivation is to move there and get married. Her affidavit belittles my role in the kids lives and states that although I try to be a good dad, I have no connection with the kids. The whole things reads as immature and extremely bitter.

I don't think I have anything to worry about but if anyone on here has any suggestions I'm all ears.

I think the judge will quickly realize that she is not acting in the best interests of the kids but only her best interests.

Last edited by Teddie; 06-11-2015 at 02:35 PM. Reason: spelling and correction of some small details
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Old 06-11-2015, 02:51 PM
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Quote:
Originally Posted by Teddie View Post
...
I think the judge will quickly realize that she is not acting in the best interests of the kids but only her best interests...
Yes, and I think your ex would be hard-put to show why moving out to BC now, away from one of the parents, after all this time, would be in the children's best interests.

I'm sure your children have connections here, and not there?
Family here, and not there?
etc.
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Old 06-11-2015, 02:58 PM
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Originally Posted by dad2bandm View Post
Yes, and I think your ex would be hard-put to show why moving out to BC now, away from one of the parents, after all this time, would be in the children's best interests.

I'm sure your children have connections here, and not there?
Family here, and not there?
etc.
4 sets of grandparents and a slew of aunts, uncles, family friends, social activities. I'm still confused as to her state of mind in thinking that this could possibly be a good idea.

My ex claims to have family connections in BC but I'm only aware of an elderly aunt.

The boyfriend she plans to live with was an on-again off-again thing for a couple of years; no real stability in the relationship. He has no kids of his own so it would make far more sense for him to relocate.

Not worried, but like anything in court, it unfortunate to have to spend money to fight these things.
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Old 06-11-2015, 04:11 PM
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Was she primary caregiver at one point?

The judge will look at who facilitate the most access to the other parent in terms of extended vacations etc... as a factor so be generous with that.

The fact you have shared custody, family in the area, you are stable, etc..... is a big winnner for you.

Its sad you have to waste money paying a lawyer...
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Old 06-11-2015, 05:32 PM
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Maybe she thinks it is a sort of threat to get you to back down about changing the exchange day? It sure is an over the top escalation. I'm sure a judge would see how ridiculous it is, and be sure to ask for costs.
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Old 06-11-2015, 05:50 PM
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Maybe she thinks it is a sort of threat to get you to back down about changing the exchange day? It sure is an over the top escalation. I'm sure a judge would see how ridiculous it is, and be sure to ask for costs.
Over the top escalation is bang on. We asked for costs and I really that hope I finally am successful. We've asked in the past and they were never awarded. This time around I really made attempts to avoid court.

Thanks
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Old 06-11-2015, 05:52 PM
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Quote:
Originally Posted by Links17 View Post
Was she primary caregiver at one point?

The judge will look at who facilitate the most access to the other parent in terms of extended vacations etc... as a factor so be generous with that.

The fact you have shared custody, family in the area, you are stable, etc..... is a big winnner for you.

Its sad you have to waste money paying a lawyer...

She has never been primary caregiver. I've been generous with granting holiday time when she's requested extra days but the favour is rarely returned.

I really hope the judge see's this the same way that I do.

Thanks
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Old 06-11-2015, 10:43 PM
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You do not have anything to worry about?

The judge can grant the move despite it being irrational and unlikely.
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Old 06-12-2015, 06:23 AM
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I've seen some strange decisions in CanLii. Especially by trial judges. I assume nothing.
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Old 06-12-2015, 07:24 AM
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Not saying it's a slam dunk that she won't get what she wants but if I was betting money I like my chance. Ex has twice been made to perform "services" by the cas after being reported for physical abuse towards the kids.
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