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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 12-03-2017, 12:32 AM
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Find out facts of his move. Travel may not be as bad as you think. For example, if he were to move to Ft. McMurray (Alberta) many companies have charter flights for employees along with generous benefits. Same goes for a non-government company in other Provinces for management a/o specialty staff. Always good to get all the information you can before making decision.

Your children are now school-aged. Presumably you are employed?
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Old 12-03-2017, 12:40 AM
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Yes I am employed. I am only trying to respond to his proposal which I feel is very unrealistic. I have to propose something back with the info that is have. I have researched flights and there are no direct flights which means almost a full day of travel when visiting him. If it is a four day holiday, is half of it travelling reasonable for young children? Also for summer, the longest he has ever had the children is one week. It is very high conflict and he has continued to make decisions not in the children's best interests which has been confirmed by professionals. This must be considered and factored in, right?
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Old 12-03-2017, 12:41 AM
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[QUOTE=sarah2017;225684] Things were not going well prior to his decision to move and I had just filed to get sole custody and reduce access./QUOTE]

I am confused, do you want to reduce access, or increase it to accommodate his move given the distance.
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Old 12-03-2017, 12:45 AM
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Well the issues that existed prior to his decision to move still exist. I don't want to increase his access at all. But, I know he won't be seeing them on a regular basis and want to be 'fair' in front of a judge if it gets to that. Sorry if I am not making sense. Let's just say my daughter is counting down the days until he is gone so she can increase how often she does her extracurricular activity because he was preventing her from exploring it to the full extent.
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Old 12-03-2017, 09:20 AM
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I would think that having your children travel to see their father would only be practical for longer vacations (he would have to travel to see them other times). I don't know if I would be comfortable with children travelling alone but that is a matter you will hopefully discuss with the father. You could set up Skype for them and encourage regular contact that way?

What has the father proposed?
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Old 12-03-2017, 09:32 AM
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Skype twice a week, unlimited access when he is in Ottawa, flying to see him for the following: 5 weeks in summer, every March break, every thanksgiving four day weekend, every Easter four day weekend, every may 24 long weekend, one week at Christmas. Also sharing cost of travel, continued joint custody.
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Old 12-03-2017, 09:42 AM
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naw... that's unrealistic and unsustainable IMO.

I'd offer Skype anytime, anyday between (6:00 - 7:00 PM); 2 weeks summer; 1 week Christmas. IF he wants to see children other times he can travel to see them. I'm not sure I would agree to paying anything for travel costs as he is the one who wants to move. Joint custody to me seems silly when he is proposing to move so far away and for that reason I would not agree to it.

I'd say he can see his kids anytime when he is in your city with reasonable notice to you. This parenting time should not interfere with children's school or extracurricular activity without your consent.
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Old 12-03-2017, 09:46 AM
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Thank you so much Arabian for your advice. I truly appreciate an outsiders opinion.
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Old 12-03-2017, 09:49 AM
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Sounds like he expects to only see kids during "fun" times. What happens if/when children are ill? Are they still expected to travel? Why does he only want to Skype with them 2 x week? Many kids whose parents live long distance away, Skype with the other parent every day or every other day.
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Old 12-03-2017, 09:51 AM
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Quote:
Originally Posted by sarah2017 View Post
Thank you so much Arabian for your advice. I truly appreciate an outsiders opinion.
I do not have young children and have not been involved in child custody disputes so take what I have to say as just merely my opinion. Others with pertinent experience will chime in.

You can also look up on CanLii and read cases similar to yours. Look at Ontario Superior Court for decisions and then type in some key search words in top line. You can also look at the province that he is moving to and search there as well.
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