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  • If she takes the kids?

    If my wife were to leave me...can she take the kids where ever she wanted? ie. to another province or far away?

  • #2
    Check out:

    http://www.ottawadivorce.com/move-away.htm

    Hope this helps,
    Grace

    Comment


    • #3
      Just an opinion,

      Why let her take the kids. Both parents are equally entitled to custody of the children. Incidents of custody and access is determined by the best interest of the childfren test.

      If you allow her to leave with the children, you are essentially giving her custody. Courts generally do not disturb the status quo especially if things have worked out for the children in defacto custody situations.

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      • #4
        Thank you for the reply.

        What if my wife just moves out and takes the kids anyway?

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        • #5
          Originally posted by logicalvelocity
          Just an opinion,

          Why let her take the kids. Both parents are equally entitled to custody of the children. Incidents of custody and access is determined by the best interest of the childfren test.

          If you allow her to leave with the children, you are essentially giving her custody. Courts generally do not disturb the status quo especially if things have worked out for the children in defacto custody situations.
          So you are saying if she leaves with the kids, and settles in elsewhere, he is going to be at an extreme disadvantage? I guess my question would be how does he prevent her from doing such a thing without doing something illegal. He can't physically restrain her or anything that would prevent her from doing it? And if she did it on the spur of the moment the courts couldn't help.

          I guess the question is how do you stop someone from doing this?

          Comment


          • #6
            Yes that's exactly what I'm getting at. Can my wife just up and leave with the kids? If so what can I do to stop it? Is this legal? Just because she leaves doesn't necessarly mean that I agree. In this case I'm staying in the house the children have always lived....would this not be the statis quo?

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            • #7
              Its a difficult situation. I guess your worried that she would take the kids behind your back ie: while your at work etc. If you agree to it then its on consent. If you don't agree with it its without consent. If she did this and left with the children, you have to take immediate legal action if this occurs because any delay would be considered acquired consent.

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              • #8
                Need help really bad! Please! Please reply!

                So in essence....she can just say "I'm leaving" and at the end of the week pack up and take the kids? She has to go through some type of legal means. Please understand that their is no type of abuse existing and the children would be taken away from a father that loves them very much.
                They would be taken away from pretty much everything they have known. If this were to happen I need to know from somebody about their personal experience or from somebody that really knows how to deal with this.

                Please help!

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                • #9
                  Is she threatening to do this? If she does leave with the children you will have to go to court on an emergency motion and get an interim court order for custody/access.

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                  • #10
                    Some one please listen and give me help!

                    Yes....my wife has theatend me that she was going to leave...actually she made it very clear that she was going to leave on Dec 1st. She told me this on Sunday....I'm not sure this is an idol threat or if it's for real. I've been threatend like this before but I think she is serious this time......can she just leave with no legal agreement? can she just pick up an leave with the kids? if If she intends to due some kind of legal recourse does it have to be presented providing me a certain amount of time to react or can she povide me with some type of seperation papers on her why out the door?

                    Comment


                    • #11
                      Chopper,

                      I am not sure where you are located but if in Ontario, please read the children's law reform act, which can be found here. This act deals with custody and access of children. Which can be found here.

                      http://www.e-laws.gov.on.ca/DBLaws/S...sh/90c12_e.htm

                      Section 20

                      Custody and Access

                      Father and mother entitled to custody

                      20. (1) Except as otherwise provided in this Part, the father and the mother of a child are equally entitled to custody of the child. R.S.O. 1990, c. C.12, s. 20 (1).

                      Rights and responsibilities

                      (2) A person entitled to custody of a child has the rights and responsibilities of a parent in respect of the person of the child and must exercise those rights and responsibilities in the best interests of the child. R.S.O. 1990, c. C.12, s. 20 (2).

                      Authority to act

                      (3) Where more than one person is entitled to custody of a child, any one of them may exercise the rights and accept the responsibilities of a parent on behalf of them in respect of the child. R.S.O. 1990, c. C.12, s. 20 (3).

                      Where parents separate

                      (4) Where the parents of a child live separate and apart and the child lives with one of them with the consent, implied consent or acquiescence of the other of them, the right of the other to exercise the entitlement of custody and the incidents of custody, but not the entitlement to access, is suspended until a separation agreement or order otherwise provides. R.S.O. 1990, c. C.12, s. 20 (4).

                      Access

                      (5) The entitlement to access to a child includes the right to visit with and be visited by the child and the same right as a parent to make inquiries and to be given information as to the health, education and welfare of the child. R.S.O. 1990, c. C.12, s. 20 (5).


                      If she leaves with the children and does not make adequate arrangements so that the children can maintain their relationship with you, this will look bad on her and the courts do not condone this type of behaviour especially since there is a very healthy relationship established.

                      For her to move out of the jurisdiction, she needs your consent. Just because she is the mother of the child, this does not mean by default that she gets custody of the children. This will be determined by the best interest of the children test and relevant facts.

                      It's really hard and difficult times, but you really can't control if she leaves. If she takes the children, IMMEDIATELY retain a lawyer and start a court case. This would show that your not in agreement. Because of the emotions involved, ie: being threatened to loose your kids etc, its no doubt that your are devastated. This is a form of spousal abuse in an emotional way.
                      The other thing is you have to somehow set your feelings aside and be emotionally strong for your children. Have you considered EAP counselling through your employer to assist you in getting through this difficult time. It takes a strong person to ask for help.

                      You can't do much until an event occurs. Whwn this happens take immediate action. or you can prepare yourself earlier if you feel she is going to leave and consult with a lawyer before.

                      Comment


                      • #12
                        That is not a good story chopper. I hope it works out for you.

                        Comment

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