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Parenting Issues This forum is for discussing any of the parenting issues involved in your divorce, including parenting of step-children.

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Old 12-21-2012, 08:10 PM
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Default Motion to change residence

My ex has served me a motion to change residence of our daughter an hour away during peak traffic hours. She has already moved and was ordered not to change the child's residence especially that she hasn't filed a motion. So she wound up and filed her motion whereas our final order states she cannot relocate our child without my consent and it cannot be unreasonable. Well it is unreasonable because although she says she will provide me with an overnight i cannot drive her to a school that is even further out of the catchment of moms home for the next day or the monday morning after her weekend visit. I will start work after 9:30 or 10:00 that is not happening especially that i a paying child support. She claims of backproblems of our daughter where she is temporarily residing with a doctor's note to promptly settle this.

What can I do in this case because I feel if she wins there is no way I can travel do far. I sm thinking of having temporary custody until mom moves back close. Any thoughts?
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Old 12-21-2012, 08:59 PM
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I might also want to add that this is the 5th move in 5 years and i have been at the same address from our daughter was born.
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Old 12-22-2012, 04:23 AM
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Do you currently live in the school district of your daughter? If not, how far away are you?

Also, I don't really understand what you mean by back problems.
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Old 12-22-2012, 05:27 AM
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I live less than 20 minutes away within the zone.
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Old 12-22-2012, 06:44 AM
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Quote:
Originally Posted by seenme View Post
My ex has served me a motion to change residence of our daughter an hour away during peak traffic hours. She has already moved and was ordered not to change the child's residence especially that she hasn't filed a motion. So she wound up and filed her motion whereas our final order states she cannot relocate our child without my consent and it cannot be unreasonable.
Well, the court will have to honour the final order unless the Applicant in the matter can present a significant change in material circustances. The onus falls on the Applicant bringing forward the material change to establish on a prima facia basis that the change is (a) in the children's "best interests" and (b) a "material change in circumstance".

To meet the conditions of (a) and (b) are no small task even for someone who has a very good lawyer.

The courts do not like to disrupt children. But, if the school is not changing then, you may want to consider getting yourself in a residential location that better suites the children in questions "best interests".

If the school is changing for the children due to the move... My hats off to the Applicant in the matter because the court doesn't willy-nilly order new schools because a parent is moving 20-30 minutes away. Especially if you live in Southern Ontario where the transit system is accommodating to a wide variety of commuting options.

Search "baldclub" (a user of this site) and read that poster's most recent posting on what a judge had to say about his move into the school district and the impact it could (and probably will) have on getting to 50-50 access for the children involved.

Do the complete opposite of what the other parent is doing and move right close to the school.

Also, I have posted a pile of information on this site (search for it) on some judicial opinions regarding school districts and parental moves. Justice Spies in particular had some wise words in one of the cases I posted to a mother living in Toronto even advising her to move to Mississauga where it is cheaper to live.

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Originally Posted by seenme View Post
Well it is unreasonable because although she says she will provide me with an overnight i cannot drive her to a school that is even further out of the catchment of moms home for the next day or the monday morning after her weekend visit.
If the school isn't being changed in the request for relief from the court in the Application, just move closer to the school and request equal 50-50 access in the response to the motion.

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Originally Posted by seenme View Post
I will start work after 9:30 or 10:00 that is not happening especially that i a paying child support. She claims of backproblems of our daughter where she is temporarily residing with a doctor's note to promptly settle this.
The doctors note is not a sworn affirmation to the truth. In your cross-motion request of the court that the doctor providing the note be ordered to discovery (questioning) and an order for disclosure of all clinicians involved in the health and well being of the child in question and an order for the release of all medical records for the child in question from ALL clinicians.

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Originally Posted by seenme View Post
What can I do in this case because I feel if she wins there is no way I can travel do far. I sm thinking of having temporary custody until mom moves back close. Any thoughts?
No one wins in family law. It isn't a "win-lose" situation and this is where many people fall on their own sword before the court. It is all about the "best interests" of the children.

1. It is not in the child's best interest to be flopping around residential locations at the whim of a parent's "needs", "dreams" or "wishes".

2. It is not in the child's best interest to be flopping around schools at the whim of a parent's "needs", "dreams" or "wishes".

3. It is not in the child's best interest to be stuck in a car for over 45 minutes each way to school just so a parent's "needs", "dreams" or "wishes" are met.

Every residential move, change in schooling and other changes made at the whim of a parent can (and often) does have long-term psychological impact to the child. Children can adapt to change but, this change should not be happening as much as you have described and especially over such a short period of time.

Good Luck!
Tayken
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Old 12-22-2012, 02:15 PM
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Quote:
Originally Posted by Tayken View Post

1. It is not in the child's best interest to be flopping around residential locations at the whim of a parent's "needs", "dreams" or "wishes".

2. It is not in the child's best interest to be flopping around schools at the whim of a parent's "needs", "dreams" or "wishes".

3. It is not in the child's best interest to be stuck in a car for over 45 minutes each way to school just so a parent's "needs", "dreams" or "wishes" are met.

Every residential move, change in schooling and other changes made at the whim of a parent can (and often) does have long-term psychological impact to the child. Children can adapt to change but, this change should not be happening as much as you have described and especially over such a short period of time.

Good Luck!
Tayken
Thanks for all of this logical and valuable information. I am actually reading her notes now from Dec. 13 (our last court date) she is actually saying that our daughter is out of her comfort zone of mom's new home and that she has 3 other younger siblings that she is away from. There's nothing in her materials about school in this affidavit, apart from the back pain what she is complaining about and asking the move for, psychological and physical reasons.

I am finding out otherwise that she is in contempt of the order and that she is taking our daughter to the new home and not at the drop off location within the regions of the court order and is building a witches brew case to win judgement.

I will definitely be digesting this note and if anyone wants to add or reply by all means please!
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