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  • dad moved out of province

    Hi sorry to sound repetitive, Just looking for an opinion, February my husband (soon to be ex) purchased a house in Alberta without my knowledge until a lawyer emailed me! He then in turn emailed me that we were seperating, how does this affect custody? He has not returned to ontario and has no plans to return he just left and left the house us everything!! He has made zero attempt to see our 3 children in over 5 months. I know he will fight custody on me. Anyone offer any advice as to what may unfold with regards to custody? We do not have a seperation agreement nothing he refuses to talk to me., My apologies he does call occassionally and when he does he accuses me of not letting him talk to the children which is crazy, I think its just his only attempt at justifying his behaviour but again who knows!!
    By the way I would love love love for our children to have a healthy relationship with their dad by no means do i want to push him out.
    Thank you. (yes i do have a lawyer haha)

  • #2
    Ontario Children's Law Reform Act
    Where parents separate
    <!-- TRANSIT - HYPERLINK --><!-- .réforme du droit de l'enfance (Loi portant), L.R.O. 1990, chap. C.12. -->(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).
    He has moved out of province, not attempted to contact the chldren for months, he has certainly given "implied consent" that they live with you. He has therefore lost the right to custody, until you have an agreement or court order.

    It has so far been 5 months, even if you began court proceedings now, it would be another few months before your first case conference. You would seek full custody based on the status quo, and based on ongoing lack of involvement in the children's affairs which shows indifference to their well-being.

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    • #3
      thank you mess, although its not something to be thankful for as far the situation, I certainly would of preferred a different outcome with regards to my family.,

      I was offered a job in Alberta and would love to take it, it is going to be 3 -4 hours away from his residence. Will this affect the custody do you think? It will be great if he could be more involved although i can't count on it.

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      • #4
        Go for it. Kids benefit from having both parents. Sometimes the biggest jerk in the world regarding divorce can remain a good parent to their children. But do get proper child support and s. 7 expenses before you lay down the red carpet for his parenting time.

        Alberta is the greatest province with a great court system.

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