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How much do i have to tell exspouse?

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  • How much do i have to tell exspouse?

    My ex and i share joint custody. In our seperation agreement daughter lived with him, as at the time she was to finish the last few months of the school year in Canada, then come to me in Europe. She came to live with me, and has been here ever since. With his written permission for the past 3 years.

    He has since been remarried and has gone to work for a aid group in another country. I dont have any contact information for him, and neither does our daughter, except for an email address. We only know the country he is in, and not even the town, nor province. He calls sporatically, but averages twice per month, sometimes three times, the length of the calls is limited to about 5 minutes per call.

    Usually he and I dont contact eachother, but in the past 3 months, i have recieved nasty and insulting emails from his email account written by his new wife, this started after my daughter told them about a falling out with her friends. Most of the emails i get are signed in his name or not at all, but its definatly not my ex writing back, he was never that lengthy with words. So too, my daughter has begun to get emails from her fathers account written and signed by the wife, she had forwarded one to me, and kept the rest, as she is ticked off by lack of her fathers interest.

    Luckily we are moving back to canada in the next month.
    My questions are;
    Do i email him and tell him that i am returning?
    Do i have to tell him the date i am returning?

    (One of the emails that i recieved basically ordered me to take her back to Canada) Of course he will find out right away, his sister and i are still on talking terms, and I want my daughter to catchup on family visits.

    I really dont want any legal battle with them. Frankly i think they are silly for wanting to move a healthy teen from a home where she is comfortable. But I dont have issues with them(even with the emails), and i dont believe they intentionally want to harm her.

    Could they also take her from my house in Canada kicking and screaming, if she doesnt want to go with them? Do kids 13-15 have any legal rights?

    Its so stupid at this age to be starting problems now.
    Thanks again for answering my questions in advance

  • #2
    I'm not a lawyer but I believe you have a legal obligation to let your ex know where you are residing with your daughter.

    Yes, children at that age can have their say as to which parent they want to reside with.

    Comment


    • #3
      I agree with Grace,

      [1.] You do have a formal legal obligation to keep your ex informed about the

      health and welfare of the child and this would include her residence at all

      times.


      [2.] Additionally your ex has the right to make inquires about the health and

      welfare of the child.


      [3.] I would think a child of the age 13-15 opinion would be given some weight on

      where the child would live. Ultimately it is up to the Judge to decide how

      much weight for consideration. Judges are aware of parental influence on a

      child. You could request to have the child represented by the office of the

      children's lawyer through the court's. They may agree to represent the child

      and to voice her opinion.


      [4.] The other thing to note is that if you are moving to Canada, this would

      construe to be a material change of circumstance and subsequently would

      open up the issue of the best interest of the child. It would be up to your ex

      to push for this review.

      Comment


      • #4
        Yes I realise that, I was just hoping for a small window of peace before i am bombarded, i think my question came out not quite as i meant it, lack of speaking and writting in english for the past few years i guess.
        I wish my ex would make inquiries about my daughter, it would mean at least he was interested in her life and how she is and what she thinks.
        thanks for answering

        Comment


        • #5
          Kids have rights too

          Kids of any age have rights but until they are they age of 16 they can't go into the court room to give they're side of the story. I found out that you can get a court appointted lawyer for the child and they can go into the court room and give your childs side of the story. I hope this helps

          Comment


          • #6
            A child wishes can be taken into consideration by a Judge. Usually between the ages of 12-14. At 14 they can swear their own affidavits. A court can order that the Office of the Children's Lawyers be involved. Although sometimes even with a court order the Office will decide not to get involved.

            Comment

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