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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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  #11 (permalink)  
Old 12-15-2016, 10:23 AM
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Actually I think that all things considered the mother is a very good position to be allowed to move with child to US. Father essentially abandoned her and child at birth and was not in child's life for first 2 years. Status quo - mother raised child. Father has means to afford to travel to see child and 4 hours distance is not a big deal. Overall it seems to me that the father has shown poor credibility with his hiding of income from CRA as well as not providing appropriate CS when he clearly had ability to do so. Showing up 2 years after child is born and trying to present oneself as a caring, nurturing parent isn't going to go over well with the court.

Mother has a battle ahead of her though. Father has $$ and probably, at urging from his family, can afford to spend megabucks on lawyers. The sooner this thing gets to trial the better.
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Old 12-15-2016, 10:38 AM
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exactly, this is what lawyers told me when I went for consultation, looking for the right one. In my case, bets resolution is the quickest way to trial.

We had motion on OCL this week, judge told us she will give her decision later. so, if she declines it that is good and , I hope there won't be OCL in mobility case when I start it. I read OCL has little weight in mobility case, so percentage of it is small and even when they are attracted, their reports don't mean much in mobility cases. So, I don't know what else can't complicate the climb to trial, hopefully will have just one settlement. In previous proceedings he tried to complicate everything by postponing financial disclosure etc, so it took me 2.5 years. I hope this time to do it in 1.5 years.
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Old 12-15-2016, 10:39 AM
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If you have a clause that you can't move the child out of the city without his consent, then you're going to lose. You should settle with him before being ordered not to move with the child - or move without the child.
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Old 12-15-2016, 10:40 AM
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no, this clause means nothing, people without clause move and then are taken back to court by other parent, this is worse scenario to do this way, because you leave your job, etc and then have to come back to court and have no income.

I knew I will have mobility case when I was signing my final agreement and my lawyer new too.
This is material change of circumstances, so will bring motion to change. This is a real material change of circumstances.
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Old 12-15-2016, 10:43 AM
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you can be a mother with sole custody at liberty to relocate with child, but this does not mean other parent can't stop you and you will end up asking for court to let you go. If other parents opposes, you end up in court.
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Old 12-15-2016, 10:46 AM
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such issues are usually not decided on interim motions, so trial is required, I am conscious of that. Judge needs to hear both sides and witnesses and evidence, etc.

I found this statistical info on mobility on this site if anyone finds it interesting

http://www.justice.gc.ca/eng/rp-pr/fl-lf/divorce/spsdpr-edpads/p4.html
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Old 12-15-2016, 11:02 AM
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trinton, I plan to give a peaceful offer with reduction of child support and different access arrangements which I offer to discuss together and insert some protective clauses, like that I can't relocate further than designated city and if marriage falls apart, I move back here, etc. Once he says no (I am sure he will) , I will make application to court.
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Old 12-15-2016, 11:08 AM
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Quote:
Originally Posted by Tatyana K View Post
such issues are usually not decided on interim motions, so trial is required, I am conscious of that. Judge needs to hear both sides and witnesses and evidence, etc.

I found this statistical info on mobility on this site if anyone finds it interesting

http://www.justice.gc.ca/eng/rp-pr/fl-lf/divorce/spsdpr-edpads/p4.html
"In cases where the mother was seeking to relocate and there was no prior history of cohabitation, the mother was successful in 60 percent of cases. Further, if the mother did not cohabit with the father and had sole custody (either official or de facto), she was allowed to relocate in 65 percent of cases."

I also think that the father has the financial means and flexibility to travel to spend time with the child. This fact can weigh in your favor.
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Old 12-15-2016, 11:17 AM
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Not only will you have to attend and win a trial, you will also have to be prepared for the appeal that will be launched against you should you win.

And all of the conferences you will have to be put through for at least 2 years before you get a trial date.
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Old 12-15-2016, 11:25 AM
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I know about appeal. Seems very popular to do in mobility cases. It is what it is.
Lawyers says it might take 1-1.5 years to get to trial. We will see. I am starting application in January.

In a ways, slower I go in court, I am able to earn some money along the way too and invest into all this. Once I move, I won't have chance to work at least for one year. In the meantime my fiancé can put off some money as we go through this. We will have to take trial on credit cards.

This is the only happy development that I see for mine and my child's life, so we have to do it.
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