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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 02-28-2014, 03:52 PM
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Quote:
Originally Posted by FB_ View Post
It's not what people state it's what you can prove.

Can you prove with evidence that he was aware of your location and when.

An email, letter, document...anything?
Unfortunately I can't prove it. The only thing I have is a couple of emails he sent to my husband stating that he was going to tell his boss he abducted a child! On sending this he received an out of office with my husbands work signature (with his work address on) and his personal cell number. We were also listed on Canada 411. Surely if someone was missing that's one of the first places you would check?!
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Old 02-28-2014, 03:57 PM
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Originally Posted by Little Leprechaun View Post
I see many people on here talking about their cases and I don't see a lot that mentions sole custody, hence my reason for asking
Sole custody is not often granted unless there is abuse or other reasons that would demonstrate that the parent is was not competent to make parenting decisions.

Having said that, I don't think the court here would be looking to upset the status quo, given it was legal in the Uk at the time.
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Old 02-28-2014, 03:58 PM
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Well if you had custody then why this even be an issue? Maybe you simply failed to get one of those "leave to" permissions?

I think what is going to have to happen is a decision from either the Canadian courts or Irish courts to decide which jurisdiction would settle matters. Now that your daughter has been in Canada for 3 yrs I would think that Canada would be the "habitual residence" of the child would it not?

From what I can see from a few Google searches, Legal Aid is pretty much the same in Ireland as it is in Canada - you qualify for # hours based on your income.

You've made an offer to him and he's turned it down. I'd just leave it at that.


I also note that in Ireland the father would have to apply for access (or custody) through the courts?

Last edited by arabian; 02-28-2014 at 04:06 PM.
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Old 02-28-2014, 04:12 PM
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Arabian, it does not seem to be an issue. I just happened to mention the facts my ex was hanging on to make me potentially look bad. My daughter is considered habitually resident here in Canada I was trying to look at things objectively and although I did nothing illegal I think I look bad in that respect.

Yep - legal aid is similar here in that it's income based however I have been made aware that it is Legal Aid Ontario who are footing the bill! The thing is, he is stating financial hardship so had to provide us with all of his income info. That has shown he and his partner earn around $80k together before taking into consideration his income property! His form claims he spends silly money on alcohol, clothing, gifts etc. so that could easily be put to question.

Apologies for my inability to quote you all... As you can see I'm not very savvy when it comes to forums!
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Old 02-28-2014, 04:23 PM
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LEGAL AID ONTARIO IS FUNDING SOMEONE WHO IS NOT A CANADIAN CITIZEN??????

Are you sure about this?
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Old 02-28-2014, 04:29 PM
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She does not live in Ireland
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Old 02-28-2014, 04:30 PM
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The child's father lives in Ireland does he not?

I'd have a BIG problem with this.
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Old 02-28-2014, 04:31 PM
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The child's father lives in Ireland does he not?

I'd have a BIG problem with this.
Only says he is "British" and Resides "overseas"
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Old 02-28-2014, 04:33 PM
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We are pretty certain. I have contacted legal aid in Ireland who say they can't give out individual details however if someone is in receipt of legal aid they say they notify the "other party" in case they wish to contest it. The chap on the phone confirmed nothing had ever been sent to my previous address in the UK. My husband (a Canadian Citizen born and bred) has written off to our MP to find out why this is allowed.
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Old 02-28-2014, 04:35 PM
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How on earth does one who lives "overseas" get Legal Aid Ontario when people in Ontario can't get help???????

If the wanker isn't a Canadian citizen then I'd have to say this is one of the most outrageous things I've ever heard on this forum.
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