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

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  #1  
Old 04-15-2010, 04:39 PM
anonwhocares anonwhocares is offline
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Default Wife took kids and left URGENT

Hello-
I need help. tonight my wife was mad because I would not agree to her seperation agreement which in fact gave her everything. She wants to move out of provience but I wont let her take the kids untill a seperation agreement is signed. Tonight she left the house and took the kid even though I told her not too

NEED HELP

1. can she take my kids out of my home

2. Has she legaley lost the right to move back into the mat. home.

3 How can I get my kids back ASAP, as now after this I have no intention of giving her sharred custody and I would prefer to be the primary gardien of the children as I am the one who makes the majority of the house hold income and I can provide them with the best life. as she is talking about going on welfae

PLEASE GUYS I NEED YOUR HELP I DONT WANT THE KIDS TO BE WITH HER THIS WAY> WHATCAN I DO
  #2  
Old 04-15-2010, 05:20 PM
Deputy Daddy Deputy Daddy is offline
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Get a lawyer and file an emergency motion to have an interim custody schedule right away. It would be very bad for her to unilaterally move the kids out of province, away from their home, friends, school, etc... How old are the kids?

Your argument that you make more $$ so should be primary guardian won't fly at all. The general default these days is (supposed to be) 50/50 and unless there are serious reasons a parent shouldn't share custody of the kids it's difficult to have them removed from that parent. In your emergency motion you can ask for full custody but if she argues against that, you won't get it.

You say "won't let her take the kids until seperation agreement is signed"... Do you want shared custody? That won't be possible if you let her move away with them.

DD
  #3  
Old 04-15-2010, 09:53 PM
logicalvelocity logicalvelocity is offline
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Quote:
Originally Posted by Deputy Daddy View Post
Get a lawyer and file an emergency motion to have an interim custody schedule right away. It would be very bad for her to unilaterally move the kids out of province, away from their home, friends, school, etc... How old are the kids?


DD
Agreed and I would do the same.

If you can't afford a lawyer - options are limited to Legal Aid or Self Rep. Until an order from the court or Separation agreement provides otherwise: Both parents have in effect "coextensive custody of the child." -- Waugh, 42 R.F.L. (4th) 415, [1998] O.J. No. 4041, Ontario Court of Justice, General Division and Section 20 of the Children's Law Reform Act, R.S.O. 1990 c. C.12.
Custody and Access

Father and mother entitled to custody

20. (1) Except as otherwise provided in this Part, the father and the mother of a child are equally entitled to custody of the child. R.S.O. 1990, c. C.12, s. 20 (1).

Rights and responsibilities

(2) A person entitled to custody of a child has the rights and responsibilities of a parent in respect of the person of the child and must exercise those rights and responsibilities in the best interests of the child. R.S.O. 1990, c. C.12, s. 20 (2).
Authority to act

(3) Where more than one person is entitled to custody of a child, any one of them may exercise the rights and accept the responsibilities of a parent on behalf of them in respect of the child. R.S.O. 1990, c. C.12, s. 20 (3).

Where parents separate

(4) Where the parents of a child live separate and apart and the child lives with one of them with the consent, implied consent or acquiescence of the other of them, the right of the other to exercise the entitlement of custody and the incidents of custody, but not the entitlement to access, is suspended until a separation agreement or order otherwise provides. R.S.O. 1990, c. C.12, s. 20 (4).



Access

(5) The entitlement to access to a child includes the right to visit with and be visited by the child and the same right as a parent to make inquiries and to be given information as to the health, education and welfare of the child. R.S.O. 1990, c. C.12, s. 20 (5).

Marriage of child

(6) The entitlement to custody of or access to a child terminates on the marriage of the child. R.S.O. 1990, c. C.12, s. 20 (6).
Entitlement subject to agreement or order

(7) Any entitlement to custody or access or incidents of custody under this section is subject to alteration by an order of the court or by separation agreement. R.S.O. 1990, c. C.12, s. 20 (7)

http://www.e-laws.gov.on.ca/html/sta...c12_e.htm#BK23

Time is of the essence...
  #4  
Old 04-15-2010, 10:02 PM
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dadtotheend dadtotheend is offline
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Quote:
Originally Posted by Deputy Daddy View Post
Get a lawyer and file an emergency motion to have an interim custody schedule right away. It would be very bad for her to unilaterally move the kids out of province, away from their home, friends, school, etc... How old are the kids?
Echo....your aim should be to get your ass in court ASAP. No dilly dallying, bring the motion PRONTO and you will be successful. WAIT and you will kick your own ass big time.
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Old 04-16-2010, 09:38 AM
CISTEAD CISTEAD is offline
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Run! Don't walk to the nearest Lawyer/Court house, and file a Motion right away.
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Old 04-16-2010, 11:25 AM
billiechic billiechic is offline
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Yes, File an emergency motion ASAP.
However, if you ask for sole custody and she does too you are going to have a HUGE fight on your hands. in the interest of your kids I suggest asking for joint custody. It is the default and with a reasonable and child-focussed attitude you have a good chance of having your kids 50% of the time.

WHy does she want to leave the province? Did she leave her fmaily to be with you? The answers to these questions will be very important in your emergency motion
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Old 04-16-2010, 12:44 PM
singledad99 singledad99 is offline
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I echo what others have said...Run to the court! I was late to do the same by 2 days and I was told that it was too late for an emergency motion. Don't take chances, act now! No lawyers, no problem. Just go to the court and tell them that you want to see a judge right away.

Keep us posted and good luck to you and your kids.
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Old 04-16-2010, 05:37 PM
anonwhocares anonwhocares is offline
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well she came back calmed down and we we able to work things out. Thank you all for your help
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Old 04-16-2010, 08:07 PM
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I'm glad that things have worked out, but you really need to get something in writing and protect yourself and your kids from this happening again.
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Old 04-17-2010, 08:34 AM
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well she came back calmed down and we we able to work things out. Thank you all for your help
Let her know that that impulsiveness will not be tolerated in future, IMHO.
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