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Appeal regarding mobility order

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  • Appeal regarding mobility order

    I found this recent Court of Appeal from Newfoundland and Labrador.

    https://www.canlii.org/en/nl/nlca/do...015nlca59.html

    Mother was successful in obtaining permission from the court to relocate to Alberta with the condition she and the child live indefinitely with her parents.

    Appeal from father is quite interesting (unsuccessful) in that it was that the original order was unenforceable (as mother's parents were not parties to action) and Trial judge did not address access.

    I agree with the position of the dissenting judge that the matter should have been sent back to the family court for a retrial.

  • #2
    Originally posted by arabian View Post
    Mother was successful in obtaining permission from the court to relocate to Alberta with the condition she and the child live indefinitely with her parents.
    What a strange condition. What if the parents are elderly, or meet with a tragic accident of some sort? What is she to do if they are no longer available to live with?

    Comment


    • #3
      Appeal struck the condition she live indefinitely with parents as it was unenforceable (which is a good thing because parents weren't parties to the trial).

      Comment


      • #4
        Originally posted by Rioe View Post
        What a strange condition. What if the parents are elderly, or meet with a tragic accident of some sort? What is she to do if they are no longer available to live with?
        condition or bias excuse ?

        Comment


        • #5
          So it would seem that the way it now stands is that the mother is free to live wherever she wishes with NO provision for access to the father.

          Usually in these cross country cases there is provision for parenting time for non-custodial parent, including reduction of child support in consideration of travel costs.

          Comment


          • #6
            Solomon's Judgement: Parent 1 wasn’t acknowledging speech problems nor seeking therapy for the child; Parent 1 wasn’t assisting in attempting to obtain subsidized day care with the other; Parent 1 wasn’t paying cs (shared custody, higher income); Parent 1 wasn’t communicating.

            Other than an order of some sort to facilitate access to Parent 1, which would be sketchy when you consider neither Parent has an income/high income [and now that they’ve fixed the technical Parent 2 household situation order], I think the appealed judgment is accurate.
            Start a discussion, not a fire. Post with kindness.

            Comment


            • #7
              Checking the headnotes, I see there was a hearing with plenty of information provided that the father had indeed had the child assessed and similar supports in place in his home province for the child.

              I think this case shows the lack of balance when one side has more money than the other.

              I believe the mother was already in Alberta with the child before the appeal had even been decided.

              Wonder how long the mother actually stays with her parents... It is noted that the mother has poor social judgement.

              Comment


              • #8
                Originally posted by arabian View Post
                I believe the mother was already in Alberta with the child before the appeal had even been decided.
                One can only hope that the kidlet is safe in Alberta now, and is receiving appropriate therapy.

                "[148] … since joint custody is, in his opinion, not working and that it is he who should make all of the decisions concerning [the child]. … As to [the child] being able to receive treatment in Alberta for her speech delay and possible autism, [Mr. C.] stated flatly that she clearly does not need it and that she has no issues with her speech. [Mr. C.’s] position is that he has cared for [the child] since she was born and it’s even easier now since he’s married to care for her. …"
                Start a discussion, not a fire. Post with kindness.

                Comment

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