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  Ottawa Divorce .com Forums > Main Category > Divorce & Family Law > Common Law Issues

Common Law Issues The law regarding common law relationships is different than in cases of divorce. Discuss the issues that affect unmarried couples here.

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  #1  
Old 02-06-2018, 10:17 PM
Harp Harp is offline
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Default Ex-wife wants full custody of Twins

Hi, I have been separated for 2 years now, I have Twins from marriage boy & a girl, just turned 4 on 5th Feb. I live in alberta and kids were born in Alberta, but my ex she moved to Ontario 2 years ago. I got full custody for both kids since May 2016 from Queens bench in Edmonton.
I recently ghot served with divorce papers in which she asked 4 a simple divorce notthing else. I never bought anythi g in my name ever so she had no choice I guess but her lawyer wants me to give kids to my ex and he said she's going to court fr the custody. She has never called to talk to the kids or how they r doing etc etc
My question is it Possible that curt will give her custody for both kids.
Idk the law but it gives me shivers even thinking abt loosing my kids to her.

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  #2  
Old 02-07-2018, 04:36 AM
standing on the sidelines standing on the sidelines is offline
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I don't think you will lose your kids. She may get limited parenting time. The fact that you have status quo is a major point in your favour. Try not to stress to much. She doesn't have much of a chance.
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Old 02-07-2018, 09:57 AM
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Tayken Tayken is offline
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Quote:
Originally Posted by Harp View Post
I live in Alberta and kids were born in Alberta, but my ex she moved to Ontario 2 years ago.
Bad move by the mother. The only way she will ever have a meaningful relationship with the children is to reside in close proximity to them.

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Originally Posted by Harp View Post
I got full custody for both kids since May 2016 from Queens bench in Edmonton.
Custody is the ability to make decisions about medical and education for the children. I suspect with this distance you were awarded "sole custody" (all major decisions about the children) and majority access.

Remember there are two elements to children. Custody and access. The most important of the two actually being "access". Custody is really not all that important so long as the parent with custody doesn't have a factitious disorder (fake medical issues for children that endanger their lives). Otherwise there are so many professionals involved with the children (doctors, teachers, principals, etc...) that even a "full custody" parent really doesn't have "full custody".

The other important aspect is access... The most important aspect. It defines how much time you spend with the children. It is a key factor to everything in the matter you are discussing. The mother has exercised NO ACCESS to the children. That will weigh INCREDIBLY on the matter and it will not be favorable to her in any way.

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Originally Posted by Harp View Post
I recently got served with divorce papers in which she asked 4 a simple divorce nothing else.
Well, the matters of the children will need to be addressed before a court will grant a divorce. They can sever the matter and grant a divorce but, you need to request they do so and they may say no.

I suspect what you have in hand regarding the children is a "temporary" order from the court. To get a divorce you will need a "FINAL" order.

If it is marked "FINAL" then everything is truly signed sealed and delivered regarding the children. But, the matter of child support, equalization, custody and access all need to be resolved prior to a divorce being granted.

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Originally Posted by Harp View Post
I never bought anything in my name ever so she had no choice I guess but her lawyer wants me to give kids to my ex and he said she's going to court for the custody. She has never called to talk to the kids or how they r doing etc etc
Where was the Application for divorce filed? The only place it could be filed is in Alberta as that is the the jurisdiction the children reside in. The proper response to the lawyer is:

HAHAHAHAHAHA

Seriously... If what you have said about having an order in hand for custody and majority access in Alberta and she resides in Ontario... The other parent in this matter has a better chance of winning a lawsuit having the government declare that the moon is made of bbq spare ribs.

Quote:
Originally Posted by Harp View Post
My question is it Possible that curt will give her custody for both kids.

Idk the law but it gives me shivers even thinking abt loosing my kids to her
My recommendation would be to retain a lawyer. Your matter sounds so simple that a lawyer could end this quickly with a letter possibly.

Unless mom has moved back. Living in close proximity to the children and has requested a gradual increase in access time to 50-50... You have nothing to worry about. Also, if mom did this too you have nothing to worry about either as there is nothing wrong with 50-50 either.

But, for someone to think they can move the children, pull them from school, pull them across the coutry after leaving them... Has a shit lawyer who is just milking them for money.

No judge in AB (or ON) will move those children without MAJOR reasons to do so.

1. No material change in circumstance.
2. Not in the children's best interests.

Hire a lawyer, they can explain it all way better than random silly named people on an anonymous internet forum.

Good Luck!
Tayken
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Old 02-12-2018, 03:51 AM
Harp Harp is offline
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She moved to Brampton and she filled divorce there & this is what I have from court( Parenting Consent Order) I posting a photo too please have a look.

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Old 02-14-2018, 09:46 AM
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Not sure if the divorce should have even been filed in Brampton Superior Court as the children reside in Alberta. That court is EXCELLENT in moving matters to the proper jurisdiction in accordance with the Rules. Especially if it is a contested divorce on custody and access of the children. It is not the court of competent jurisdiction in accordance with the Rules of the Children's Law Reform Act of Ontario.

The judge who will hear this will be one of four very good judges. Who I have seen all move custody and access matters to the court system where the children actually reside.
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