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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 09-02-2014, 04:28 PM
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Default Joint Custody; moving, notice of move, oppsed move, etc

My X has recently moved our daughter 56km away from home base, against my insistence that our daughter remain in the current area to attend her school of 4 years.

Questions I have concerning this:

1. If a joint custody parent (wo primary residence of the child) undeniably refuses to consent to a move which would change the child's already established school and regular routine, would the moving party (parent w primary residence) be in breach of the terms of an Order for Joint Custody?

2. If the child had resided in the marital home for a period of 4 years while she was enrolled in school, attending extracurricular activities in the community, had established friendships and the entirety of her family present, is the party whom is living in the marital home, with an Order for primary residence of the child within an Order for Joint Custody, not responsible for the any/all of the following;
(a) giving no less then 60 days notice of the intended move's location?
(b) allowing the other Joint Custody parent the option to purchase the marital home prior to any outside/third party sale?
(c) offering the other Joint Custody parent, the opportunity take or at least file for residential care of the child if the move is over 50km away?

3. If custody and access issues have been started in the courts prior to the intention to move, the offered sale of the home, the purchase of the new residence, etc; is the moving party not obligated to have the physical relocation of the child approved by an Order, or at least some form of notice made, to the court?

4. In a situation such as this (where the moving party is hostile, and parental alienation has become common practice), would residence of the child not be highly favoured to the party which remains in the primary city, who is able to maintain the child's regular routines and relationships?

5. What steps (if any) can be taken to bring the child back to the primary city on a temporary/interim basis to ensure the "status quo" and "home base" for the child has not been completely corrupted by a hostile parent?


Any advice would be greatly appreciated
Thanks!
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Old 09-02-2014, 04:43 PM
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I cannot comment on it all but here's my thoughts

Once an asset is divided... Matrimonial home and only has one parties name on it they are free to do as they wish. Even if you offered more for the house they have zero obligation to accept your offer over someone else.

Did the moving parent change the school?

What was done to stop the move? Motion?
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Old 09-02-2014, 05:08 PM
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Quote:
Originally Posted by FB_ View Post
I cannot comment on it all but here's my thoughts

Once an asset is divided... Matrimonial home and only has one parties name on it they are free to do as they wish. Even if you offered more for the house they have zero obligation to accept your offer over someone else.

Did the moving parent change the school?

What was done to stop the move? Motion?

The moving parent changed the child's school, city, karate club, and possibly her doctor as well (I will be finding that out in coming weeks).


The only thing I had done to "stop the move" was refuse my consent (via email) to any location which would have changed the child's school, no less then 2 times in the past 90 days, additionally in April, and in 2012, via verbal and text messages.


The house, I could care less about. It's moving our daughter an hour away and changing her entire life this past year that I have an issue with.
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Old 09-02-2014, 05:09 PM
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I think you're going to have get a good lawyer and file an emergency motion pretty fast.
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Old 09-02-2014, 05:17 PM
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how long has she been at the new place? How old is she and does she want to move back?
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Old 09-02-2014, 05:19 PM
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Quote:
Originally Posted by Straittohell View Post
I think you're going to have get a good lawyer and file an emergency motion pretty fast.
I can't afford a lawyer

What kinds of things can an emergency motions ask for in a case like this?

Would this be accepted on an emergency basis?
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Old 09-02-2014, 05:22 PM
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Quote:
Originally Posted by standing on the sidelines View Post
how long has she been at the new place? How old is she and does she want to move back?
They moved on August 23rd, 2014; so she's not been there long.
She is 8 years old.
I don't know what she wants at this point as I have not seen her for over 6 months; the Order for access, which states "liberal and generous as agreed upon by the Parties" has been refused by my X under false allegations, CAS investigated and found no reason for the refusal, it's a hot hostile mess of a situation all around...
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Old 09-02-2014, 05:26 PM
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It doesn't sound unreasonable. It is a serious change in circumstance! But I (personally) wouldn't sit on it too long, I would get moving on the emergency motion, like today!
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Old 09-02-2014, 05:28 PM
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Quote:
Originally Posted by Itsworthit View Post
It doesn't sound unreasonable. It is a serious change in circumstance! But I (personally) wouldn't sit on it too long, I would get moving on the emergency motion, like today!
Thank you! I will begin compiling my case and hit the FLIC office first thing tomorrow.
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Old 09-02-2014, 05:29 PM
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This "as agreed upon by parties" in my opinion is the most moronic statement to be put into a court order.
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