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  • court orders, different provinces

    Hi
    I've posted a couple of topics and have gotten some really useful feedback.

    I have a question that hope has a simple answer.

    If there is a court order for access in one province (habitual residence of child) and the custodial parent moves to another province , does the court order still hold ?

    Thanks

  • #2
    Yes. Just because the parent moved, doesn't negate the existence of the order.

    Comment


    • #3
      Thanks

      But if the order specifies that the child be dropped to my residence by custodial parent and dropped back to residence of custodial parent after access but they are five hours drive apart? Also school is an issue? I can't have access during school unless I stay in hotel ?

      Thanks

      Comment


      • #4
        You don't live in Canada at the moment, so your residence is somewhere else already, unless you mean your old address.

        I've read your other threads and am having troubles seeing your position or what you are looking for in a remedy. You don't live in the country, let alone the province and because of this, the ex will almost certainly be allowed to move. About the only thing you will be able to ask is that you are able to travel with the child (the kids comes to your home or some place in between) or reduced C/S due to the increased costs of access.

        Are you moving back to the province?

        Comment


        • #5
          Thanks for the response

          I live in europe, the kid spends a couple of weeks with me there in the summer and I spend about 11 weeks a year in Canada. In Canada the kid and me have a 'home'. In that wE stay at the same place, I store clothes, toys etc there. I cook the meals etc I have a support network. I won't have that if mom moves .

          Because my primary residence is in Europe does the 11 weeks in Canada count for nothing ? Will a judge say ' so what?'.

          Thanks

          Comment


          • #6
            The judge likely won't say "so what", but your argument for causing your ex to remain in that province with the child is weakened. And the test isn't the amount of time one spends with the child, but is the move in the best interests of the child. Because you are overseas already, one of the biggest factors is already out the window, being that the child could be moving from a involved, local, parent. You may be involved and spend time with the kid, but you are not local.

            IMO, you would be much better off working with your ex to find some compromise should she move as your chances of preventing are not good. Ask for more time in your country in the summer/march break to offset the extra costs you will have to incur when you see the child in their new province. Get her to agree to contributing to the increased costs etc. Try and work it to get something you've REALLY wanted but she wasn't willing to agree to.

            Comment


            • #7
              Originally posted by LostKingdom View Post
              Thanks

              But if the order specifies that the child be dropped to my residence by custodial parent and dropped back to residence of custodial parent after access but they are five hours drive apart? Also school is an issue? I can't have access during school unless I stay in hotel ?

              Thanks
              For your ex to move the child to another province, she would have to either have your consent or have a judge amend the order.

              As you've been told, it is likely that a judge would be willing to rule in your ex's favour, that her move is in the best interests of the child, because you would be travelling from overseas regardless. It will be perceived as not making much difference to you.

              So as long as the order is being amended one way or another, you may as well do your best to have some input into it. In one of your other threads, I gave you a number of possibilities to consider. Make an offer to settle with your best case scenario. If your ex is sensible (not all are!) she'll negotiate back until you both have something you can live with. If she's not, she'll end up taking you to court, and you can present the judge with your arguments for why the move does make a difference to you. You also have that offer to settle which proves that you tried to negotiate reasonably, and then you may be able to claim court costs from your ex.

              Comment


              • #8
                Thanks so much for these replies (and others). I Singh want to stop ex moving but I can't afford to spend 10/11weeks a year paying for hotel (and eating out etc) . More time with me in summer and spring break and Christmas plus a couple of stays with kid in New city would be okay.

                So far ex says she's not going to court or to mediation but is moving which I'm finding difficult to deal with without thinking I'll have to resort to court ( which I can't afford Tbh)

                Comment


                • #9
                  Have you advised your ex, in writing, that you don't consent to the move? (sent by registered mail preferably)

                  If you haven't done this, you need to do it. That at least gets you on record with your position and may force her hand to negotiate. Send her offers that you are ok with like:

                  1. she pays for the kid to be flown to your old location for the entire summer and March Break, or

                  2. no c/s to make up the difference in expenses for travel and hotel.

                  If she refuses to negotiate, you may have to file in court to fight it, so be prepared for that as well. But at least be appearing to be reasonable you make yourself look better to the judge and may be able to recoup some of your legal fees in costs.

                  Comment


                  • #10
                    Thanks for that - really helpful advice - will be emailing this evening.

                    Comment


                    • #11
                      Originally posted by LostKingdom View Post
                      Thanks for that - really helpful advice - will be emailing this evening.
                      E-mail is OK. But if you email also send a letter, preferably registered letter.

                      Comment


                      • #12
                        Thanks will do

                        Is that because she might say she never got the email?

                        Should I email the court too looking for a hearing? (we only have 4 weeks as courts will close in August and kid will be with me)

                        Comment


                        • #13
                          Originally posted by LostKingdom View Post
                          Thanks will do

                          Is that because she might say she never got the email?

                          Should I email the court too looking for a hearing? (we only have 4 weeks as courts will close in August and kid will be with me)
                          Nah, it is because email is still seen as being informal.

                          Send the email and see her response and go from there. I can't say start looking for a hearing when you haven't email provided your formal objection to the move or received your ex's response. But I'd start doing what I could in the background knowing that it will likely end up there.

                          Comment


                          • #14
                            so the situation is she intends on moving and not going to court or discussing it further.

                            Should I do nothing and hope it somehow works out or submit motion to court for new order while outlining concerns ans hope judge doesn't rule against me?

                            Comment


                            • #15
                              At this point you should likely hire a lawyer in the province/city the kids are currently in. I'd have the lawyer file a motion in court requesting that the children be restricted from leaving the current location, and in the background, sending the ex a request to mediate and provide an offer to settle with terms that you can accept.

                              What is she offering in return for the move? Will she pay for your extra costs for travel/accommodation? If it impacts the amount of time you will get to spend with the kids, is she offering to make it up in some other way (summer/christmas etc.)?

                              Comment

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