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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 02-27-2014, 03:16 PM
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Once I start the process what do you think my chances are of being forced to move back with the kids? I am working and the kids will be in school?
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  #12 (permalink)  
Old 02-27-2014, 03:18 PM
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Obviously I'm not telling you everything about my husband and why we have left him.
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Old 02-27-2014, 03:33 PM
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If he was smart he would have you in court the day after you tell him that you are not returning.

You could then be ordered to return the children... You could do as you wish.
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Old 02-27-2014, 03:37 PM
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Quote:
Originally Posted by Kirk2382 View Post
Obviously I'm not telling you everything about my husband and why we have left him.
Divorce in Canada is no fault. Therefore the courts don't care why, unless there was domestic abuse involved. I'm sure you have your reasons. But you have lied to him, and he could argue in court that you have been denying him access to the kids because of your lies. A judge may take a very dim view of that.
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Old 02-27-2014, 03:41 PM
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As you have not been forthcoming about your intentions I think that your husband could indeed get an order for you to return the children. While you may think your reasons for moving the children are valid, the court may disagree.

I'm no expert but to move children from their habitual residence, without a written separation, is a serious matter.

I would strongly urge you to seek immediate legal advice.
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Old 02-27-2014, 03:57 PM
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I agree...you were deceitful with your husband and the courts very well could order the children back... that doesn't mean YOU have to move back, but the children may have to. Because you were not forthcoming, have not separated financials and your husband thinks this was temporary, you cannot really say you have been separated since August.

I would strongly suggest you speak to your husband about this and your intentions. If we wants more access to his children you may be in for an eye opener. While it is one thing to make decisions as a couple, you clearly made a unilateral decision to move the children in a deceitful manner.
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Old 02-27-2014, 04:11 PM
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A good friend's sister moved with her children to Northern Ireland. She was convinced the father was a louse and might be sexually molesting the kids. She and the kids were settled in Northern Ireland, kids happy and in new schools etc. Under the Haig agreement, over a year later, she had to move the kids back. Children's passports were seized. Grandparents had to travel from N.Ireland to see the children.
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Old 02-27-2014, 04:14 PM
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You moved under false pretenses. You said one thing, but your intention was to do another. Your husband had no reason not to believe that you were going to return with the children and as such will have strong argument to have the children returned to their familiar residence, being Toronto.

Your unilateral decision to attempt to relocate with the kids was underhanded. Your children deserve to have a meaningful relationship with both parents and your actions have created roadblocks to that.

Unless you are willing to accept accommodating him in many aspects, or unless your STBX falls on his sword, your likelihood of success is very limited.

Your unilateral move under false pretenses is what created this status quo, which for all intents and purposes is a false status quo because your STBX was lied to.

So yes, once your ex is advised that you are not returning, he can motion the courts to return the children to the matrimonial home and for exclusive possession of the matrimonial home.

While we have no info about what kind of person your ex is, your actions are certainly telling of your character.
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Old 02-27-2014, 04:28 PM
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Quote:
Originally Posted by HammerDad View Post
You moved under false pretenses. You said one thing, but your intention was to do another. Your husband had no reason not to believe that you were going to return with the children and as such will have strong argument to have the children returned to their familiar residence, being Toronto.

Your unilateral decision to attempt to relocate with the kids was underhanded. Your children deserve to have a meaningful relationship with both parents and your actions have created roadblocks to that.

Unless you are willing to accept accommodating him in many aspects, or unless your STBX falls on his sword, your likelihood of success is very limited.

Your unilateral move under false pretenses is what created this status quo, which for all intents and purposes is a false status quo because your STBX was lied to.

So yes, once your ex is advised that you are not returning, he can motion the courts to return the children to the matrimonial home and for exclusive possession of the matrimonial home.

While we have no info about what kind of person your ex is, your actions are certainly telling of your character.

This forum needs a "Like" button!
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  #20 (permalink)  
Old 02-27-2014, 05:05 PM
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To the OP... are you working and supporting the kids? Or are you just using what you need for expenses from the joint bank account?
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