Hello everyone,
This is my first time posting, after pouring over a lot of threads.
This will be somewhat lengthy, but please be patient.
My ex and I separated 3 years ago after 10 years of common law. We have 2 children, aged 5 & 7. I was a stay at home for 4 years from the time the first one was born, leaving behind career in corporate administration. Upon our separation we both signed a notarized agreement that the children will be in my sole care. He moved out and moved in with his new girlfriend. In the beginning he would pay $1800 for rent for matrimonial home plus $300 for kids groceries. His girlfriend got pregnant in June, they married in October. From the moment they marriage took place he dropped the support to $842, which he said is all he can and will pay, Child support only according to the table. I lost the house and had to actually borrow money from my now deceased grandmother for rent of the said house, from which I was evicted for his constant non payment or late payment ever since he moved in with his new girlfriend, as well as for rent for a 2 bedroom apartment. Now he is having a child #2, and while I moved from Toronto to another city to lower the cost of living while not diminishing the kids standard of living further, he now said that he will only pay $500.
He moved last year to a town 500 km away from the kids, quit his very high paying employment he held for 12 years, bought a restaurant/cafe in another town for cash with only about 30K bank loan.
He sees the kids only during Xmas and summer for about 4-6 days at a time, with exception of this summer in August for 12 days. While the kids go to his place for those times, he 90% of the time is at work and the kids stay with his new wife. I have never met the woman or spoken to her aside for one time about 9-10 years ago briefly at a bar. My kids say that she hit them several times this summer. This came out on their own accord and they are not kids who will make up stories. I have further asked them in a non accusatory way, but making sure they feel safe and I truly believe they tell the truth. I have had a conversation with our family doctor and he believes it's true. The doc tor said that if I need any documents written he will be more than happy to help me. He has been our family physician for many years. My ex has also 2 other children form previous 2 legal marriages. One is a 21 year old daughter whose custody was taken away from him when she was about 3-4. he has no contact with her and has never participated in her life, nor paid any child support for her to my best knowledge. He also has a 15 year old son whom he stopped seeing once he and I separated and that is also the time he stopped paying support for him, based on one time IE claim with 22,000/year while he was making all through out above 60K. His son's mother remarried and has recently moved to US with her husband of 8 years and my ex just signed notarized travel permission (after refusing for many years) for their son to move permanently to US.
So, what I would like to ask is, if the court will uphold the sole custody based on our previous agreement as well as his full lack of any involvement in any decisions pertaining to our two kids upbringing, their activities, moves, health guard and what not. Will the court bring me back the spousal support and child support to at least the $1800 as before. Or what can be the amount? I know he will be audited, but he has a history of hiding income and I already was warned by him that he will claim only 15K. I would also like to have the passports signed so I can travel with kids and have court ordered permission for kids to travel under my care for unlimited time. I moved close to the border and want to take the kids shopping. I don't have any family in this country aside for my mother in Toronto, but all ties are here, since I have lived here for over 22 years now. No one from his family is involved with the kids - he never kept any family ties.
I also want his access limited to either under supervision, because when I confronted him with child abuse from his wife through email, without saying anything what the girls are saying and in what way, this was the very first time I got immediate response within 3 minutes him saying that I'm laying and I'm just saying it to be mean. The girls do not want to go there again. They want to see him, but not if he is at work. I do not want my kids to be near that woman, but at the same time I do not trust him not to leave them with her again.
There is also a no contact order because he assaulted me on Valentines day in 2009 after he came home drunk.
Any insight and any help will be greatly appreciated it.
Thank you very kindly.
This is my first time posting, after pouring over a lot of threads.
This will be somewhat lengthy, but please be patient.
My ex and I separated 3 years ago after 10 years of common law. We have 2 children, aged 5 & 7. I was a stay at home for 4 years from the time the first one was born, leaving behind career in corporate administration. Upon our separation we both signed a notarized agreement that the children will be in my sole care. He moved out and moved in with his new girlfriend. In the beginning he would pay $1800 for rent for matrimonial home plus $300 for kids groceries. His girlfriend got pregnant in June, they married in October. From the moment they marriage took place he dropped the support to $842, which he said is all he can and will pay, Child support only according to the table. I lost the house and had to actually borrow money from my now deceased grandmother for rent of the said house, from which I was evicted for his constant non payment or late payment ever since he moved in with his new girlfriend, as well as for rent for a 2 bedroom apartment. Now he is having a child #2, and while I moved from Toronto to another city to lower the cost of living while not diminishing the kids standard of living further, he now said that he will only pay $500.
He moved last year to a town 500 km away from the kids, quit his very high paying employment he held for 12 years, bought a restaurant/cafe in another town for cash with only about 30K bank loan.
He sees the kids only during Xmas and summer for about 4-6 days at a time, with exception of this summer in August for 12 days. While the kids go to his place for those times, he 90% of the time is at work and the kids stay with his new wife. I have never met the woman or spoken to her aside for one time about 9-10 years ago briefly at a bar. My kids say that she hit them several times this summer. This came out on their own accord and they are not kids who will make up stories. I have further asked them in a non accusatory way, but making sure they feel safe and I truly believe they tell the truth. I have had a conversation with our family doctor and he believes it's true. The doc tor said that if I need any documents written he will be more than happy to help me. He has been our family physician for many years. My ex has also 2 other children form previous 2 legal marriages. One is a 21 year old daughter whose custody was taken away from him when she was about 3-4. he has no contact with her and has never participated in her life, nor paid any child support for her to my best knowledge. He also has a 15 year old son whom he stopped seeing once he and I separated and that is also the time he stopped paying support for him, based on one time IE claim with 22,000/year while he was making all through out above 60K. His son's mother remarried and has recently moved to US with her husband of 8 years and my ex just signed notarized travel permission (after refusing for many years) for their son to move permanently to US.
So, what I would like to ask is, if the court will uphold the sole custody based on our previous agreement as well as his full lack of any involvement in any decisions pertaining to our two kids upbringing, their activities, moves, health guard and what not. Will the court bring me back the spousal support and child support to at least the $1800 as before. Or what can be the amount? I know he will be audited, but he has a history of hiding income and I already was warned by him that he will claim only 15K. I would also like to have the passports signed so I can travel with kids and have court ordered permission for kids to travel under my care for unlimited time. I moved close to the border and want to take the kids shopping. I don't have any family in this country aside for my mother in Toronto, but all ties are here, since I have lived here for over 22 years now. No one from his family is involved with the kids - he never kept any family ties.
I also want his access limited to either under supervision, because when I confronted him with child abuse from his wife through email, without saying anything what the girls are saying and in what way, this was the very first time I got immediate response within 3 minutes him saying that I'm laying and I'm just saying it to be mean. The girls do not want to go there again. They want to see him, but not if he is at work. I do not want my kids to be near that woman, but at the same time I do not trust him not to leave them with her again.
There is also a no contact order because he assaulted me on Valentines day in 2009 after he came home drunk.
Any insight and any help will be greatly appreciated it.
Thank you very kindly.
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