Notice of Relocation (serving question

[inlimbo]

Greetings,

I sent my Notice by Registered mail last week....I know ex has 30 days.

I was hoping to have ex sign to acknowledge receipt of the letter...instead some other first name is seen as signature when I check online. Is this sufficient to prove my 30 days?
I am worried. What if ex denies having received it?

As far as I am concerned, the document was received.
I have no lawyer; ex has. I have not filed the doc with court. Should I have?
I did not put the Notice on record simply because I am hoping that maybe ex will decide to deal with me but my suspicion is that ex will opt for court.
I have custody but ex wanted notice 90 days prior to move.

Please help. Again, many thanks

inlimbo.

[independentgal]

OK

For what it's worth, here is my opinion.

Having had to deal with a similar situation with registered letters and the recipient claiming that they did not receive it, I have to ask how you sent the letter.

Did you send it via Express Post with Signature Req'd or via Registered Mail?

I asked someone to go to post office and sign for a true registered letter for me and they were declined as the post office requires a photo id.

If it is Express Post, anyone at the house can sign I believe.

Send it again via Registered Mail asap and insert a copy of the letter with confirmation of receipt of the first letter.
Make sure you state this is a copy of your first letter with their acknowledgment of receipt.

A sneaky way I did this last week was to type the envelope address and name and did not put my name as sender. The person signed for it! They had been avoiding my Express Post with signature req'd. And they did not pick up the registered letter notices for the last ones I sent. I think they were hiding from other people as well!

Sigh, it sounds like you have good reason to think this may become an issue, so go ahead and protect yourself. Judges like it if you document EVERYTHING!

Good Luck!

[inlimbo]

I know my thank you is coming way too late, but thanks independentgal for your feedback! I have been busy struggling with my ex's lawyer about my need to relocate.
sincerely, inlimbo.

[logicalvelocity]

Inlimbo,

I'm not clear what you served the individual by registered mail.


lv

[inlimbo]

lv,

I live in Thunder Bay (don't know if it makes any difference)....so does my ex.

Anyhow,

I sent my Ex a "Notice of Relocation" (it was simply a formal letter outlining when,where, why I needed to relocate - and how - how ex will have access).

I am still wondering -
I am to give my Notice of intentions to move, 90 days in advance.
Ex (noncustodial) is to bring an Application with court within 30 days of receiving the "Notice" if Ex does not consent.

I am not required to file anything. But, WHO will know - HOW will they know - about the 30-day Notice I gave in case I move the kids as a result of not being served any "Application" (within 30 days) from a supposedly-opposing Ex?

I say "supposedly opposing" because Ex's lawyer sent me an email saying "my client does not consent to the move" and continued to suggest that unless i had suggestions to other ways of resolving this, he intends to bring an Application shortly. Well, we exchange emails back and forth, fail to agree and 30 days come and go....still ex's lawyer continues to threaten now that he will bring an emergency motion in case I move the kids.

I am confused! I did my part; 30 days are over. No Application was served on me.
As far as I am concerned ex's lawyer and his emails to me were never an acquired consent to dismiss their right to bring an Application before court (within 30 days) to stop me. Can I move with kids though before the 90 days?
Can ex's lawyer file an Application without my consent beyond the 30 days (meaning, within the 90 days)?

Does an Emergency Motion make sense here? What are my rights?
Please help!

Many thanks,
inlimbo

[inlimbo]

Hi,
I would appreciate very much a reply to my post an hour ago as it is urgent.

Ex's lawyer says he will go to court a.m to prevent move and ask for passports to be turned in. Is this legal? Why emergency motion when he never served me? He has asked that I can come also or will do so in my absence. Doesn't make sense to me. I should go there to do what?
The proposed move is not tomorrow either.

Thanks,

[logicalvelocity]

If you gave notice and their intentions are to file an emergency motion to prevent or stall the move they may just obtain such. However, if they brought such action ex parte, the matter would be returned to the same court so that you could present your evidence and views.


You could beat them to the punch by securing your own motion date in a bona fide effort to obtain the courts blessing, but most like would have to first schedule a case conference.

The key thing to keep in mind, is how is this pending move going to effect the child/children and their current standing in the community that they have come to know including schools, friendships and as well existing relationships with family.

The court will also look at your reason for such a move and how it will effect the child's current access to their other parent.


lv

[inlimbo]

Lv,
Thanks for the feedback.

Since i only received an email sent 7 pm tonight saying see you "tomorrow 10a.m I will be in court....you can come or i will obtain ...in your absence.."
How exactly do I go about obtaining my own motion date now?..go to the court house 8 a.m or how?

I am so very confused as I thought they were supposed to serve me something written first (they know my address ect). In this case, does such communication via email still count in court?

- What if I don't go to court is the email counted as proof of notifying me?
- I did not reply to it as "o.k I will be there" or "No, you go ahead with your motion". Am I supposed to?
-How does such a motion affect an existing order, especially since our current order was only issued less than one year?

inlimbo.

[logicalvelocity]

Either way, you could appear tomorrow, - The court may put an interim interim cease and desist order to stall the move. However, they will also only be considering one side of the story at exparte and as such will definitely have the matter come back before the court usually within two weeks so that you can present your evidence and views.

I would check with the local Registrar and see if you could schedule a regular motion but they may tell you that a case conference is required as you require a variance of a current final order.

lv

[inlimbo]

Lv, THANK YOU THANK YOU THANK YOU!

I rushed to court (was served 10a.m for an emergency motion that was heard at 10a.m!) and what I found out was unbelievable!!!!!!

Judge had signed a temporary order for kids to be removed immediately from me to Ex and that I surrender the kids' passport and birth certificate to Ex!
Why? simply because Ex's lawyer said I was about to skip country that night.

I was shocked just how easily one's life can be turned upside down forever.
Ex's lawyer had asked that Ex be given care of the kids indefinitely and that was granted! I got to court just as the lawyer was lining up to get the order (which she had typed already) entered. The case was revisited later in the day and the matter shall be returned in two weeks.

The root of all this is because I said, with very proper and detailed Notice, that I plan to move in 3 months time.
Now what? we seem to have a mobility case here but I and the judge noticed that I did my part of giving notice but the ex did not put in their application in time (within 30 days) and instead on the 30th day they brought in this outrageous Emergency Motion!
Lv, you were right in that the move has been stalled....BUT now what?
We were given a date to return but I am not sure whether Ex's lawyer is going to serve me something or....???

Again, your help is much appreciated & I wish you happy holidays.

Inlimbo, indeed !