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-   -   Mobility and Child Rights (https://www.ottawadivorce.com/forum/showthread.php?t=23516)

sshan 03-09-2021 10:09 AM

Mobility and Child Rights
 
1. My Ex has filed the case in toronto while staying in kitchener and when I hired the lawyer and questioned her lawyer she fled the city with my son and moved to toronto as the case was filed in toronto.( no court order in place). My son is 5 years old.

In the urgent casee conference the judge refused to take this case and moved the case back to kitchener and I have been requesting access for my child through my lawyer and it is getting refused over and over and I have lost 10k without any success so I 'm thinking of representing my case on my own ? your thoughts on it?

I am also paying child support ( by table) full amount and I dont have access on it? what can I do?

SO my questions is

1. Do I have to request for a urgent motion ? If yes does any one have a sample template ?
2. I'm seeing my son in the zoom for 1 hour and my ex is not ready to give my son to me for parenting time ?
3. I wanted to know whether my son will be moved back to kitchener as he was born and brought in ktichener and lived all his life in Kitchener?
4.In this case is it possilbe to get 50/50 custody? as I have been the one to take care of my son.

Tayken 03-09-2021 01:12 PM

Mobility issues are complex. Sounds like your first appearance was before the Honourable Mr. Justice Czutrin in the Toronto Superior Court. All the jurisdiction shoppers end up in front of him and he sends them all back to the proper courts immediately.

Usually, though the justice in the TSC will make a temporary without prejudice order to insure the child is returned the jurisdiction and that an access (residency) schedule is put in place.

You need a lawyer. Badly. There are complexities to your file but, upon first hearing, even in the wrong court, your lawyer should have been pushing for an access schedule and the immediate return of the child to Kitchener.

As well, when the matter was moved to Kitchener your lawyer should have immediately motioned for the return of the child and establishment of an access order.

Find the best lawyer in Kitchener for Mobility. Unfortunately I don't know any to recommend. You could go with a Toronto lawyer but, the cost for them to drive to Kitchener is $$$.


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