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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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Old 12-30-2005, 12:37 PM
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Default Ontario-Quebec laws??

Hi!
Is anyone out there familiar with the differences between the legal separation agreements/laws in Ontario versus Quebec?

Both my child's mum and I live in Quebec, although we would both like to move back to Ontario for unrelated reasons. While I work in Ontario, she is not employed and has been dependent on my income for several years

I'm trying to determine which provincial system is more balanced/fair regarding custody (and economically reasonable) for the father when it comes to filling for a legal separation/divorce.

Second, can an agreement be filed in Ontario, even though we both are technically residents of Quebec?

Any help/insight/experience would be greatly appreciated, before I consult a lawyer.
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Old 12-30-2005, 04:54 PM
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Echo,

Court proceedings take place in the community where the child lives.

If you are starting a divorce process, this is a federal statute and all jurisdictions in Canada are able to hear and grant your divorce.

In regards to being economically reasonable for support purposes, each province has its own child support tables and guidelines that take into consideration of same provincial income tax.

Generally, the table that would be used is where the payor lives.
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Old 01-03-2006, 11:06 AM
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Hi echo,

logicalvelocity is right (as always!) re the proceeding going ahead where the children are normally resident and the calculation of child support using the suggested Guideline amount of the province in which the payor resides.

I must point out, however, that although the Divorce Act is federal, it's residency in a particular province that matters. So, in order for you to proceed with the divorce itself in Ontario, you must have been normally resident in the Province for not less than one year.

Lindsay
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Old 01-03-2006, 04:09 PM
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Lindsay,

These forums are awesome. There are so may rules and laws that apply. It is great to see collaborative discussions on family law issues as something could get overlooked. I learn something new here every time I visit. It is nice to see that professionals such as you and Jeff taking the time out of your day.

logical
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Old 01-03-2006, 04:52 PM
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logical,

I certainly learn new things every day as well. Thanks so much for your contribution to the forums. I think it's safe to say that we are all more educated thanks to your extensive input!

Lindsay
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Old 01-04-2006, 01:22 AM
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Here here!
Its amazing how much time they spend here answering peoples questions, and I've learnt so much since coming here.

Thanks guys!
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Old 01-06-2006, 09:45 PM
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Just wanted to say thanks to all for your good input. Nice to see that there are people out there willing to help!
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