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  • Moving/preventing access

    I think I know the answer to this one but I thought I'd double check first. My partner and I are moving. We currently live in a 2 bedroom condo in a very upperclass part of town. He has two kids, one boy one girl with the standard eow and one night a week.

    His sep agreement has no clause in it for when either parent wants to move.

    His ex has been pushing him to move for over a year (all of us in a two bedroom is a right squeeze, she wants each child to have their own room, fair enough)

    We finally have brought our financial problems to a manageable level, and have the finances to upgrade to a house. We found a three bedroom house in our price range, went ahead and signed the lease to move in 45 days.

    The location of the house is in a decent area of the city, but definatly a different economic standard. It is more lower middle class (financially speaking) as far as area goes. Is there anything

    His ex now says she won't let the kids come over if we move. It is an unsafe area of the city based on what her family and real estate agent told her.

    I should ad it's like 3 minutes away from where we currently live.

    Is this a case of ignore the claims? Or does she have grounds to do as she says?

    It's really not a bad area (we looked at a lot of places (20+) before we found this one and we rejected the ones that honestly were in bad areas.

  • #2
    That is the most ridiculous thing I have ever heard. Unless you are moving to Syria or something, she'd be laughed out of court.

    Comment


    • #3
      Lol!

      While it would be much more convenient for kids to have their own room, they do not have to have one at your place. And his x cannot ask this of him. Your husband is already paying for their rooms at their mom's place it would be a bit much to require him to have room at his place too. All of this to say, his ex seems to thing that she has right to decided what he does, where he lives etc. She doesn't and do not let her!

      Comment


      • #4
        Originally posted by Wyntermcd View Post
        His ex now says she won't let the kids come over if we move. It is an unsafe area of the city based on what her family and real estate agent told her.
        Simply put, the ex doesn't get to decide whether or not your significant other exercises their parenting time with the kids. And they especially don't get to do it because they are looking down their nose at the new area like an elitist snob.

        I'd have your significant other send the ex an email stating that he don't agree with their position that the new neighbourhood is dangerous and therefore it is not in the children's best interests to spend their parenting time with him. State that the ex is not entitled to make determinations on whether or not your significant other is going to exercise his parenting time, as only he is entitled to make such decision. Further, that he believes there is new area is just as safe as their previous area and that he intends on exercising his parenting time as prescribed.

        Should the ex not exchange the children in accordance with the order/agreement, he will deem such action as a unilateral denial of his parenting time and will seek the appropriate remedy in court if necessary.

        And go from there. She can't say she doesn't like the neighbourhood so the kids don't go. She doesn't have that authority. Unless there are regular shootings on the corner and the neighbour is a crack dealer and the other neighbour a whore house, the kids aren't like in any sort of danger.

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        • #5
          Originally posted by HammerDad View Post
          And go from there. She can't say she doesn't like the neighbourhood so the kids don't go. She doesn't have that authority. Unless there are regular shootings on the corner and the neighbour is a crack dealer and the other neighbour a whore house, the kids aren't like in any sort of danger.
          The only place I can think of right now that a justice might accept the "regular shootings on the corner" argument for would be:

          Toronto police raid towers on Dixon Rd. | Toronto Star

          Good Luck!
          Tayken

          Comment


          • #6
            I should also add:

            Unless there are regular shootings on the corner and the neighbour is a crack dealer and the other neighbour a whore house
            AND the children are being placed in proven, documented and verifiable danger....she doesn't have a leg to stand on.

            She doesn't have to like where you live...she DOES have to suck it up and deal with it. She can try to go to court to change the agreement if she believes it's a sufficient material change, BUT until she does, and get's a new order, the old one stands as written and his parenting time continues.

            Should she deny access, there are innumerable posts on here about how to correctly handle it.

            Comment


            • #7
              Before we were married, I let my ex choose a new apartment for us. Located nearby were a strip club, and a donut shop notorious for drug dealers. She liked the fact it was a short walk to the subway.

              My life was threatened by a druggie who had been thrown through a plate glass window at said establishment. Luckily he was too high to be a threat (and I am well capable of self defense). Just before our lease ran out there was a shooting in the alley behind our house. I called 911. The cops looked at us and asked what the $%^ were we doing living there.

              So I can think of a couple of neighbourhoods in Toronto I'd be concerned about. But I doubt the OP is thinking of one of them.

              Comment


              • #8
                Also OP,

                You may want to read this thread and the sub-threads linked in it for a better understanding of Parental moves.

                http://www.ottawadivorce.com/forum/f...es-away-15352/

                Good Luck!
                Tayken

                Comment

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