X moved to US

[mamatunts]

Hello everyboby,

I am coming back after a long time, I have some questions that I need help in finding answers too.

I do have a separation agreement in place but I am still waiting for the final divorce to come through ( from Quebec, I am residing in Ontario now with my daughter)

My question is that my ex moved to Puerto Rico for a 2 year contract with his new common law GF and his child. No changes were made to the current separation agreement. He still comes in every month and takes her for 2 consective weekends ( as per agreement it is supposed to be every other weekend)and I have accomadated him everytime seeing his situation. The child support payments are not as per the federal table and when he does send them they are very erratic, also he has defaulted on one month.

Being out of the country does he still have the same rights as getting information from school and medical records.

Is there anything I can do in Ontario Courts to make changes to the agreement without it being too expensive!

For the Christamas holidays I would like to go with my daughter to visit my sister who lives in the US, can I tell him that she is not availble for the holidays .......
I would like to know what my rights are.

I would relly appreciate any help suggestions that anybody can give me, I have not gone out on vacation for these past 5 years and would really like to go.

Thank you all in advance

[logicalvelocity]

mamatunts,

from what you mentioned,

I am residing in Ontario now with my daughter)

As such, Ontario and Federal Laws will Apply.

He still comes in every month and takes her for 2 consective weekends ( as per agreement it is supposed to be every other weekend)and I have accomadated him everytime seeing his situation.

That is a child centre approach to do same.

The child support payments are not as per the federal table and when he does send them they are very erratic, also he has defaulted on one month.

Why not ask for the Child support amount to reflect the current guidelines (guidelines changed this past May) in respect to their income. This alone would construe to be a material change to vary same. I would also ask for the month that was defaulted and ask for post dated cheques that you can easily deposit into the bank every month.

Being out of the country does he still have the same rights as getting information from school and medical records.

By default the law provides for this. Both parent's are equally entitled to make inquiries and to be given information bearing on the child's health, welfare and education.

Childrens Law Reform Act R.S.O. 1990 c. C.12

section 20(5)

Access

(5) The entitlement to access to a child includes the right to visit with and be visited by the child and the same right as a parent to make inquiries and to be given information as to the health, education and welfare of the child. R.S.O. 1990, c. C.12, s. 20 (5).

Is there anything I can do in Ontario Courts to make changes to the agreement without it being too expensive!

In consideration of the new circumstances, that being that the child now resides in Ontario, the proper jurisdiction to vary anything in the agreement would be the Ontario Courts. You could represent yourself to save legal expenses!

For the Christamas holidays I would like to go with my daughter to visit my sister who lives in the US, can I tell him that she is not availble for the holidays .......
I would like to know what my rights are.

If your agreement provides otherwise ie: sharing of holidays then in all essence your child should go with the other parent. Access is the right of the child and is not the parent's right! You have no right to withhold the child unless the child was in harm. Parent's that withhold children from the other parent, often find themselves to be an access parent - Courts have been clear with this message lately.

However, have you considered talking to the other parent. You have been reasonable and flexible in regards to the alternate weekends etc Perhaps they may switch dates in the circumstances.

I would relly appreciate any help suggestions that anybody can give me, I have not gone out on vacation for these past 5 years and would really like to go.

Everyone deserves a vacation, I am not clear what prevented you from going on same in the last 5 years. Do you not split up the child's summer holidays 1 month with mom, 1 month with Dad?

lv