Ottawa Divorce .com Forums


User CP

New posts

Advertising

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

Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

Reply
 
Thread Tools
  #1  
Old 02-10-2014, 01:40 PM
Pidge123 Pidge123 is offline
Junior Member
 
Join Date: Dec 2012
Location: Ottawa
Posts: 20
Pidge123 is on a distinguished road
Default Out of Country / Province Custody

Hi there,

I tried posting this yesterday, but I don't think it went through, so if it did, I apologize. I'm separated and have my son 50/50. I'm contemplating moving to another country within Europe for half of my time. I already travel a lot (when I don't have my son), but I'm wondering if I live half of my time in Europe, will that affect my custody? Is there a law about that? I still intend on keeping my main address in Ottawa. Any thoughts / help would be great. Thanks,
Reply With Quote
  #2  
Old 02-10-2014, 01:45 PM
HammerDad HammerDad is offline
Senior Member
 
Join Date: May 2010
Location: Hamilton
Posts: 3,973
HammerDad will become famous soon enough
Default

When you say "half of my time", does that mean living in Europe with the kid or without?

Either way, moving to another country will likely have a severe negative impact on your custody arrangement. Your ex will likely file for sole custody as you are leaving the country and cannot be easily accessed if there are issues with the child(ren).

Short answer to will moving to another country affect your custody? Yes.
Reply With Quote
  #3  
Old 02-10-2014, 01:52 PM
Rioe's Avatar
Rioe Rioe is offline
Senior Member
 
Join Date: May 2010
Location: Ontario
Posts: 3,353
Rioe will become famous soon enough
Default

Quote:
Originally Posted by Pidge123 View Post
Hi there,

I tried posting this yesterday, but I don't think it went through, so if it did, I apologize. I'm separated and have my son 50/50. I'm contemplating moving to another country within Europe for half of my time. I already travel a lot (when I don't have my son), but I'm wondering if I live half of my time in Europe, will that affect my custody? Is there a law about that? I still intend on keeping my main address in Ottawa. Any thoughts / help would be great. Thanks,
Do you mean you'd live outside Canada on your ex's parenting weeks, and return to Ottawa to parent your son on your weeks? Sounds tiring! But what you do on your own time shouldn't affect custody, though your ex might be able to make a case for your inability to be present in the case of emergencies. Do you think he'd object, or are you just wondering if there are laws in general?

Also, how old is your son? At a certain age, he'll be able to pick and choose which house he's at depending on his whim. If you're not there half the time, he will likely gravitate to either living permanently with his dad, or living in your house alone even when you are not there. Neither of those situations would be good for him.
Reply With Quote
  #4  
Old 02-10-2014, 02:37 PM
Pidge123 Pidge123 is offline
Junior Member
 
Join Date: Dec 2012
Location: Ottawa
Posts: 20
Pidge123 is on a distinguished road
Default

Hi, so I'm his Dad, and my move to Europe would ONLY be on my time (and not while I'm supposed to have custody). When I have my son, I would keep and stay at my house in Ottawa. Yes, it is tiring. :S

In terms of emergencies, this is what I hear ALL the time from my ex . . that I need to ALWAYS be available in case of emergencies. While I understand this, I believe that it is a way for my ex to control me and where I am (as she calls me every night even when she has my son). She claims that I am not a father if I don't say goodnight to my son every night (again . . I believe that to be a check on what I'm up to). Nonetheless, I would assume that she would be able to take care of said "emergencies" . . it's not like we don't have access to hospitals, dr's, etc and she is remarried, with other step kids, etc. She can take care of things.

And yes, she would object . . anything that would make my life better she objects to. Her words leaving the house . . "I hope you regret this for the rest of your life, and you will pay for this" . . Oh . . and she cheated on me. Sorry . .
Reply With Quote
  #5  
Old 02-10-2014, 02:46 PM
FB_ FB_ is offline
Senior Member
 
Join Date: Jul 2012
Posts: 2,414
FB_ will become famous soon enough
Default

What you do on your own time is your business not hers.

Being available in case of emergencies does not mean present...It means that should an emergency happen and a decision is required that you can be reached...

I'm sure they have phones/internet/etc. where you are going.

Although what is your plan for a delayed/cancelled flight???
Reply With Quote
  #6  
Old 02-10-2014, 03:02 PM
Pidge123 Pidge123 is offline
Junior Member
 
Join Date: Dec 2012
Location: Ottawa
Posts: 20
Pidge123 is on a distinguished road
Default

Good question . . I would plan on returning not the 'day of' or 'night before', but probably 2 days before my custody would begin.

Ok, so essentially from what I'm hearing it may not be an issue if I spend all my (vs. custody) time in Europe (I won't use the word "move") as I will still have my house here in Ottawa.
Reply With Quote
  #7  
Old 02-10-2014, 03:41 PM
FB_ FB_ is offline
Senior Member
 
Join Date: Jul 2012
Posts: 2,414
FB_ will become famous soon enough
Default

Quote:
Originally Posted by Pidge123 View Post
Good question . . I would plan on returning not the 'day of' or 'night before', but probably 2 days before my custody would begin.

Ok, so essentially from what I'm hearing it may not be an issue if I spend all my (vs. custody) time in Europe (I won't use the word "move") as I will still have my house here in Ottawa.
I would certainly never use the word MOVE in this case....
Reply With Quote
  #8  
Old 02-10-2014, 09:09 PM
stripes stripes is offline
Senior Member
 
Join Date: Feb 2013
Posts: 2,838
stripes is on a distinguished road
Default

This is none of my business but I'm curious - why do you want to spend every other week in Europe?

I'd also advise you not to underestimate the cumulative effects of crossing and recrossing many time zones, over and over. People who do this often end up with sleep disorders and metabolic problems. This may impair your ability to be the kind of dad you want to be. All the "frequent flyers" I've ever met have needed heavy amounts of medication in order to function.(And I'm speaking as someone who is very familiar with intercontinental travel - used to do lots and lots of it for work).
Reply With Quote
  #9  
Old 02-10-2014, 09:31 PM
Pidge123 Pidge123 is offline
Junior Member
 
Join Date: Dec 2012
Location: Ottawa
Posts: 20
Pidge123 is on a distinguished road
Default

I met a woman in Europe. As far as travel, I adapt pretty well . . I've been travelling significantly for the past 12 years or so. Mind you, I have NO routine whatsoever.
Reply With Quote
  #10  
Old 02-10-2014, 09:38 PM
Helpinghands Helpinghands is offline
Senior Member
 
Join Date: Jan 2014
Posts: 125
Helpinghands is on a distinguished road
Default

What you do on your time has got nothing to do with custody and your ex cannot create an issue over that. Being there for emergencies does not impact custody either. But you gotta make sure that you are back in time for your access time and are able to take care of your son properly. The last thing yo want is to be a tired and lousy parent on your time as i am pretty sure your ex could create issues over that.
Reply With Quote
Reply

Tags
country, custody, province


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On


Similar Threads
Thread Thread Starter Forum Replies Last Post
The Best Interests of Children: An Evidence- Based Approach WorkingDAD Divorce & Family Law 13 01-12-2013 09:15 PM
Joint Physical Custody: Smart Solution or Problematic Plan? WorkingDAD Parenting Issues 19 09-17-2012 06:38 AM
Joint custody - questions & answers (US) first timer Parenting Issues 0 03-20-2011 12:07 AM
Custody Disputed Decent Dad Political Issues 2 06-26-2006 09:05 AM
How to proceed CatvsLion Divorce & Family Law 9 04-25-2006 10:10 PM


All times are GMT -4. The time now is 11:35 AM.