wife leaving with kids

[rboo]

My wife does not want shared custody,i know that as soon as i tell her we will have to go to court and let them decide she will take the kids and leave town.Is there anything i can do before this happens.Want to be prepared

[fireweb13]

What proof do you have that she will leave?

[May_May]

If she leaves with the kids can't you call the police and tell them she has left and kidnapped the kids ? She cannot take them away from you.

[HammerDad]

She can leave all she wants. She can't leave with the kids.

Should she leave with the kids, you file an emergency motion in court for the children to be returned to the matrimonial home. Be prepared for her to return as well and not be happy about it. Buy a digital voice recorder and keep it on and recording the whole time you're in the house or in her presense outside the house. This is hopefully protect you from a false DV charge (false DV is the fastest way for her to get you out of the house with a restraining order and cause you to be at her mercy when it comes to seeing your kids).

I would personally move all your personal items to a separate storage that she doesn't have access to. This will help ensure they don't go "missing" later.

But should she leave with the kids you file a motion for the kids to be returned home and interm custody. It would probably be best if you had a lawyer to help with it.

[NBDad]

Bank on it costing you between 900 and 2500 JUST for the emergency motion.
A decent lawyer can have it done is < 24 hours. Definitely to your advantage to have one already on payroll.

[fireweb13]

Where do you think she is going to run to?

[rboo]

Where do you think she is going to run to?

she already told me she can live with her mother,50km away,this topic was dicussed about 6 months ago with her. that would be her solution if i had to take her to court

[Tayken]

My wife does not want shared custody,i know that as soon as i tell her we will have to go to court and let them decide she will take the kids and leave town.Is there anything i can do before this happens.Want to be prepared

1. Retain a good lawyer now.

2. Have the lawyer notify the other parent that you do not consent to their removal from the matrimonial home and their primary residence.

3. That if the other parent removes the children you will proceed with immediate court action.

4. That removing children without consent or a court order is a violation of Section 283.(1) Abduction under the criminal code of Canada.

5. That you would like to resolve the issues via mediation (recommend 5 mediators)

6. Document document document.

7. Have a relative you trust move in with you to be there 24x7 with you. (Grandparent etc.)

Good Luck!
Tayken