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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 03-02-2006, 07:55 AM
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Default My Daughter

Hi all;

Well here is my situation. I live in Michigan and ama US citizen. My ex-fiance is canadian and lives in Canada now. We have a daughter together. we lived together in the US for just about 2 years. We were never married and there is no common law marriage in teh US. We hae been trying to work things out amiacably but just recently she told me she was taking our daughter on a vacation and that I would just have to lump it basically and wait to see her till next weekend. I do not get to take my daughter by myself. I am no an evil man who beat her or did not provide for her. I just want to be able to take my daughter for the weekend and bring her home. I currently voluntarily pay child support. I feel like my rights are being infringed upon here... don't I get time with my daughter.... am I not entitled to have her in my home as well as her mother is... I am just frustrated. Anyone got any ideas or have anything they can add?

Thanks

Dave13
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Old 03-02-2006, 08:47 AM
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I think your only recourse is to file a motion for custody and support to ensure that you do get visitation..as it stands your ex can change her mind whenever she feels like as far as the law concerned since there is no binding agreement. The papers will have to filed in the jurisdiction that the child resides in. You don't *need* to retain a lawyer for this, but they can be invaluable in the process.

As for her not being able to stay in your home if there is no just cause (which your ex has to prove) then there is nothing she can do about it. Its great that you want to work this out amicably but your ex needs to understand amicable does not mean agreeing with everything she wants. I'd go for joint custody unless you have grave concerns about her parenting ability.


It would be one thing is she asked you in advance if you could switch weekends but she shouldn't be able to play the 'come here go away' game with your daughter. Its not about her and not even so much about you, its about your child you share together and she has the right to see her Dad.

Good luck!
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Old 03-02-2006, 10:35 PM
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Default

Your never mentioned how old you daughter is in your thread.

What your ex has right now is defacto custody with apparent acquired consent by you.

Ontario Law will apply to your situation as the child lives here.

You would have to start a case in the jurisdiction that the child resides in.

Your first step is to bring forth an application. In your application seek joint custody. Parential signing authority would be required in your ex's absence etc.

Incident's of custody and access are subject to the child's best interest.

Please read the Children's Law Reform Act -Ontario which can be found here.

http://www.e-laws.gov.on.ca/DBLaws/S...sh/90c12_e.htm

Both mother and father are equally entitled to custody.

You seem to be a person that desires to have a relationship with your child and additionally responsible by maintaining child support in a volunteer manner.

This will look good for you in the court's eyes. It also shows you are co-operative and are able to communicate with your ex on matters that effect your child.

Additionally in your application ask for shared access travel between the parent's. Access is the child's right and having said that it is up to both parent's to participate in same.

Keep posting your questions.

LV
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Old 03-03-2006, 12:42 PM
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Hey all;

I wanted to thank everyone for their responses. I was wondering how do I go about the process of starting to file for these things in the Canadian court where she is living. I really have no choice on where she lives since her mother took our daughter to Canada to visit family and then informed me that either we get married or she would not come back. I have had little to no say since then. I want to establish my rights as well as allow my daughter to be abe to see me. I just feel like I am the outsider and that I am the bad guy, although I am being the understanding one who drives the long sdistance and puts forth the effort to keep in contact with my ex and our daughter. If I never called or talked to her mother over the internet I doubt I would be told what is happening with my daughter.

My daughter is 22 months old.... and I love her very much.

Thanks again for the help and I look forward to understanding more.

Sincerely;

Dave13
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Old 03-03-2006, 04:15 PM
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Dave,


To start a court case, you have to bring forth an application in the municipality of where your daughter resides.

Court addresses for Ontario can be found here. We have 2 levels of court that handle family law matters and depends on the jurisdiction

Ontario Court of Justice

and or

Superior Court of Justice - Family Branch (Unified)

http://www.attorneygeneral.jus.gov.o...ts/cadaddr.asp

Family Law courts forms can be found here

http://www.ontariocourts.on.ca/famil...orms/index.htm

You will need the following forms to start your case

FLR8 - General Application

FLR6B - Affidavit of Service

FlR10A - REPLY - Optional- completed, served and filled once answer from other party is received and filled.

FLR13 - Financial Statement

FLR 17 - Conference Notice- Registar will fill in date for first appearance

FLR 17A - Case Conference Brief - General

FLR 14C - Confirmation

The Registar will issue you a case number and will assign the case to the fast trak case management system

Most courts have a Family Law Information Centre (FLIC) to help you complete the forms, additionally, read the following guides to get an understanding of the court processes in Ontario.

http://www.attorneygeneral.jus.gov.o...cj/default.asp

or

http://www.attorneygeneral.jus.gov.o...fc/default.asp

or

http://www.attorneygeneral.jus.gov.o...cj/default.asp

depending on the court that has jurisdiction of where the child lives.

LV
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