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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 10-11-2016, 11:37 AM
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Originally Posted by otttawa_dad View Post
I'm actually going to move in with my new partner and her two kids A6-A9 whom she shares 50/50.

I think this alone would constitute as a material change in circumstance.

Also the fact my oldest is having problems at school, the teacher actually referenced a "lack" of routine as possibily being a source of the issue.

The OP works shifts and during the shifts the A2 and A5 are with their maternal grandparents, as opposed to being with me.


I'm actually quite in a similar situation. Likewise my child is struggling in school and other professionals have raised concerns as well - this is likely a material change

The parent obtaining employment and the child being left with grandparents is likely a material change,

As per the dating thing, I was advised that it was foreseen that the parents would enter into new relationships and that isn't necessarily a material change.

For something to amount to material change, the change could not have been foreseen when the previous order was made.

The rules can always be bend by the judges if they really like you.


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Last edited by trinton; 10-11-2016 at 11:43 AM.
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  #12 (permalink)  
Old 10-11-2016, 01:23 PM
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Originally Posted by otttawa_dad View Post
I should also mention that upon putting my house for sale, the OP sent me an email asking where I was moving to.

Once I informed her of my future residence, she informed me that we would need to review transportation agreement.

I think this proves that the OP acknowledges there's a change.
Self induced change. You created the problem (change) of moving from the children's habitual residential location. Good luck winning anything when you do something this stupid.

Judges generally side with the non-moving parent and you will have to cover all the changes either by a change in access (reduced) or increased S7 expenses.

I wouldn't recommend you move out of the jurisdiction. You will be seen as the one negatively impacting the children. Creating a material change in circumstance without good cause that is in the best interests of the children is not a good idea.

Good Luck!
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  #13 (permalink)  
Old 10-11-2016, 02:46 PM
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Children age 5. Have no concept of the implications of who,they want to live with. Of course you,child will say,they,want to live with you. At that age they want to please everyone. They want to live with Mommy,and Daddy in the same instance.

I doubt a judge would even consider that information.

Why,would you think that you moving in with your GF and her 2 children constitute a material change in circumstances. Now you have 3 other people to pay attention to as well as your children.

I do not think on the whole blended families are all happy happy environments. You moving into your GF home will impact how her children feel about sharing Mom and their home with 2 other children. It seems these arrangments are often doomed to failure.

So I doubt a judge would consider any of this as merit towards a change in circumstances.

I caution you to concentrate on your 2 children before trying to form this " big happy family" you are likely to end up with a failed second relationship and your children having to adjust to more losses in their life? It's tough to address questions from a 5 year about why they are no longer going to see your GF and her children. Children often associate failed relationships to them being at fault. You need to wait and secure your own children's security before embarking on another complicated arrangement.

But that's just my opinion.

Last edited by Beachnana; 10-11-2016 at 02:50 PM.
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  #14 (permalink)  
Old 10-11-2016, 03:32 PM
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Parents should think twice about trying to move a child to another city in the middle of a custody dispute. In any contest between "best interests of the child" and "fait accompli" — best interests will always prevail.
- Justice Pazaratz

http://www.canlii.org/en/on/onsc/doc...6onsc5621.html

Quote:
17 The status quo — and avoiding reckless creation of a new status quo — are important considerations.

18 For clarity:

a. The issue is not whether a parent should ever be allowed to relocate a child's residence an hour away. The abundant caselaw on mobility makes it clear that in appropriate circumstances — after thorough consideration of all of the evidence -- much greater moves have been approved as being in the best interests of the child.

b. The issue is whether a parent should be allowed to unilaterally impose a change to a child's routine which will subvert a successful status quo, and create an entirely self-serving new status quo in the middle of a custody dispute and in the middle of a section 112 investigation.
Caselaw is not in your favour...
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  #15 (permalink)  
Old 10-11-2016, 07:07 PM
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Can you say loco parentis....
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  #16 (permalink)  
Old 10-11-2016, 07:08 PM
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Can you say loco parentis....


You can say that again


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  #17 (permalink)  
Old 10-12-2016, 10:26 AM
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Can you say loco parentis....
Something the OP really needs to consider when moving in with his new partner and their children. Good point.
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  #18 (permalink)  
Old 10-12-2016, 01:37 PM
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...unless of course she has happens to be the highest earner

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Something the OP really needs to consider when moving in with his new partner and their children. Good point.
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  #19 (permalink)  
Old 10-12-2016, 02:50 PM
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...unless of course she has happens to be the highest earner
Not really as he will still have to pay CS as the children would more than likely not be 50-50 or reside more than 60% of the time with him.
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  #20 (permalink)  
Old 10-24-2016, 10:03 PM
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Are you saying i'm loco ?

I actually googled it
https://en.wikipedia.org/wiki/In_loco_parentis

Still not quite sure what this means. I guess I am loco

Ok so there seems to be a consensus that moving in with someone new doesn't constitute a material change. I get this and would be the one provoking the change therefore not valid.

However there are numerous other items that I think could.
  • Children being cared for by 3rd party when I could
  • A5 having issues at school; the teacher express concerns about the schedule
  • the teacher expressed concerns about nutrition
  • OP not willing to grant further access
  • OCL report is in OP favour based on lies
  • OCL report is dated

The OCL report is dated, several things have changed. Is there a way I can get them to re-evaluate what's "truely" in the best interest of the children?

Is there another process other than a Motion for Change?

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Can you say loco parentis....
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