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  • Help. EX is moving

    Lots of experience on here.... Couple questions for a friend

    His ex called and said she moving in 4 wks with the two kids 3hr away (got a better job....but in reality following new BF in military)
    My research says he is screwed basically but the onus WILL be on her to drive the kids back and forth for access
    Doesn't help much if kid has a soccer game and he lives 3hr away. Will never be there..
    My agreement specifies. No moving out of town boundaries
    What can he do here ? She already enrolled kids in school. Bought a house with BF. THE. Informed him. "We r leaving"
    I said put an emergency motion in trying to stop the move (unlikely?). Speaking of. How does one do this? Is there a form number?
    This just enrages me that this can happen and nothing anyone can do
    OH!! And because he is moving. Says she needs child care so ONTOP of the ?1600$/month receiving. Wants $10000 for the daycare kids enrolled in

    SOMEONE have anything positive to say here
    Thanks!!


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  • #2
    Assuming your friend does not have primary custody, has your friend exercised all of his access?

    Do they have a separation agreement? How long have they been separated? How long has she been with the bf?

    I don't know much about child custody but it seems that there are almost a different subset of rules for military families who relocate frequently....

    https://www.canlii.org/en/on/onsc/do...&resultIndex=9
    Last edited by arabian; 08-23-2015, 09:46 AM.

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    • #3
      Doesn't have primary.
      Gets every other weekend and every weds...
      There is an agreement. Prob 1+ old. Separated 2+ I'd guess
      Been with new boyfriend. Month to 1yr


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      • #4
        she is allowed to move but I don't think she can just move the kids like that. I hope he has sent her a letter or email stating he doesn't agree with the move in order to get a paper trail started. He will end up with just EOW in the future if he doesn't stop this. Does the agreement have a mobility clause?

        He should offer the same back to her..the kids stay with him and she does EOW. If/once the kids are in school if they are 3 hours away then the wed nights will be done.

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        • #5
          Help. EX is moving

          That's what I suggested. You can go. Kids stay... You can have EOW.
          Agreement has nothing about moving. Glad I got that in mine.
          Also. Guess they have "joint/shared custody"


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          • #6
            Doesn't matter what the arrangement is, they have an agreement in place that sets out access for him. Does it say anything about relocating the kids?

            He needs to inform her immediately that he does not agree to the kids being moved, have his lawyer send a letter indicating same and although she is free to move herself and leave the children with him, she is not free to move the children to any location that would restrict or impede his access.

            Get a motion started to block the children's move.

            Oops, replied at the same time as SOTS.

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            • #7
              Agree with previous posters on here. It's fairly common to have a stipulation in a custody / settlement agreement which states that the party planning to relocate must provide 60 days (or whatever) notice in writing.

              Get in touch with a lawyer. It's your best bet for a quick resolution.

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              • #8
                Lol. 60 days. She just called him tues and kids enrolled in school to start sept 1. What's that 2wk?
                How set forth emergency motion


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                • #9
                  https://www.canlii.org/en/on/onsc/do...&resultIndex=6

                  … A parent cannot unilaterally change a child’s habitual residence by surreptitiously removing the child from one province to another. At one time, it was thought that a parent who had custody of a child could, as an incident of custody, change the child’s residence. Such a conclusion assumes that a custodial parent has the right to change the child’s residence. In Carter v. Brooks (1990), 1990 CanLII 2623 (ON CA), 30 R.F.L. (3d) 52, 41 O.A.C. 389, 77 D.L.R. (4th) 45, 2 O.R. (3d) 321, the Ontario Court of Appeal held that a custodial parent did not have a unilateral right to change a child’s residence. While the authority of Carter has been questioned in some mobility cases, no case to date has granted a custodial parent an absolute right to move with the child. Hence, the suggestion that a custodial parent has the right to change a child’s residence should be rejected. However, if one parent agrees to the child moving permanently or indefinitely with the other parent to another province or country, a move by the custodial parent with the child will change the child’s habitual residence because the parents consented to the change in residence.

                  If a parent does not expressly consent to the child moving but does not take any steps to prevent the move when made aware of it, a court may find that he or she has acquiesced in the move, which is tantamount to agreeing to it. One parent’s consent to or acquiescence in the child living with the other parent does not mean that consent to or acquiescence in the child moving with the other parent. A court must draw a distinction between consent to or acquiescence in the child living with a parent and consent to or acquiescence in the child moving with a parent.

                  Section 22(2) of the Act provides that a child is habitually resident in the place where he or she resides with a parent under a separation agreement or with the consent or acquiescence of the other parent or under a court order. That a child lives with one parent with the consent of the other does not mean that the child’s habitual residence is wherever the custodial parent chooses to live. In order to change a child’s habitual residence under s. 22(2)(b), a parent must consent to the child living with a parent in a particular place..."

                  I believe the key is to act quickly and decisively let it be known that you object.

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                  • #10
                    Start shopping around for a decent affordable lawyer. The good ones will let you make payments (presumably you can put down something to get started), as most of us can't afford a $6k down payment for services. It's not easy, but with a little legwork you can find someone decent. My lawyer charges $250 per hour, which is on the low side.

                    You might be able to find someone for less, but results may vary. It's painful financially, but far easier in the long run than learning all of the ins and outs of the court system. Court officials don't like self reps to begin with (it's a good ole boy club).

                    EDIT: Speaking from my own experience here...obviously you can self rep with varying success. I already work full time, and don't have the time to self rep.

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                    • #11
                      Ya. Thanks. Incidentally. I got sick of lawyers. Self repped. Had a great judge that stuck with us and worked a deal out to avoid trial (something the lawyer should of did. But we know how that goes)


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                      • #12
                        Originally posted by phatkid77 View Post
                        Ya. Thanks. Incidentally. I got sick of lawyers. Self repped. Had a great judge that stuck with us and worked a deal out to avoid trial (something the lawyer should of did. But we know how that goes)


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                        I hear ya. There are a lot of bad lawyers out there. I went through two before I found a good one. Definitely discouraging. I suppose the same could be said for finding a mechanic to fix your car.

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                        • #13
                          You will need to bring a motion to the court ASAP ( whether self-rep or with a lawyer).

                          The court has specific criteria they look at when determining whether or not a move is in the best interests of a child.
                          If you do nothing you will be considered by the court to be giving your consent.

                          Your partner's ex is commiting "self help" which the court frowns upon. It will be helpful for you to look up self help cases when you go to court.

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                          • #14
                            Like other said make emergency motion. The deciding factor will be where is better for kids. If you prove it is better for kids to stay because of friends, school etc, thats good, if she proves it is better for them to go and it is useally granted if you were not any or little involved in their upbringing. Their education, medical, dental, CS and so on.

                            Judge will make decision on that.

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                            • #15
                              Thanks guys
                              But I ask again. How do u put forth an emergency motion? Is there a form on Ontariocourtforms?

                              She is only moving because her new BF is there. ALL HER FAMILY and his. And his school. Are all here!


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