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Introductions If you're new to the forums, drop by and introduce yourself.

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Old 03-29-2010, 12:26 PM
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Join Date: Mar 2010
Location: Oakville
Posts: 4
liquidlife is on a distinguished road
Default Hello and help

Hello,

I have been reading these forums for a few weeks , very helpful.

My predicament is as follows;

I have a 2yr old boy. The issue arises that the boy came from short term relationship, not a marriage or a common law situation. I have fairly recently married a wonderful woman who has two children from a previous marriage ( sole custody as the father died).

I have been trying to get access to my son and have been denied. I am now being told by his mother that she is moving to Manitoba with my son. I have never met or been able to spend time with him. It is very frustrating. I am filing a motion for access, but what happens if she moves to Manitoba during the process? Do I lose out completely and have to file in Manitoba?
I have no criminal history, nor do I have any mental or abuse issues.

I am a loving father and pay my sons child support. I want to be a father to him as much as I am a father to my wife's girls

I have seen stories here about divorced parents or common law but I don't fit any of those categories on access. I also just read that biological parents have the right to have their surname added to their children s birth certificates.

Would this apply in my case? Can the person with sole custody fight this?

Sorry for the rambling introduction. I hope I can contribute in the future to this forum, but right now I am just trying to navigate through this mess.

Thank you
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Old 03-29-2010, 03:16 PM
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Join Date: Aug 2009
Location: Toronto
Posts: 5,448
Mess is a jewel in the roughMess is a jewel in the roughMess is a jewel in the roughMess is a jewel in the rough
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You've done the right thing so far. If you think she is going to move soon without telling you, ask for an emergency motion blocking the move.
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Old 03-29-2010, 09:45 PM
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Join Date: Jul 2007
Location: Toronto
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dadtotheend will become famous soon enoughdadtotheend will become famous soon enough
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The matter is heard in the jurisdiction where the child resides, which underscores your requirement to file in Ontario before the other side can establish residency, and file in Manitoba.

In other words, if she moves, you file YESTERDAY! But that doensn't matter because your motion for access will establish the jurisdiction at that time.
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Old 03-30-2010, 09:22 AM
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Join Date: Mar 2010
Location: Oakville
Posts: 4
liquidlife is on a distinguished road
Default

Thank you, will file immediately.
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