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  • #31
    Originally posted by StuckinAB View Post
    In my province, mobilty cases are won 52% of the time.
    I wouldn't go off the statistics of 700 reported case study from Stats Canada. It isn't comprehensive. Furthermore, the statistic you are using is only based on...

    This was the primary reason in 33 percent of cases; applicants were successful in 52 percent of these cases (126/241).
    http://www.justice.gc.ca/eng/rp-pr/f...edpads/p4.html

    The report is from 2010-11. It is old and not worth reading today...

    Originally posted by StuckinAB View Post
    Criteria my lawyer mentioned was based on Gordon vs Goertz case. Just need an agreeable parenting time. If I waived spousal, he could definitely more than afford travelling twice a month to see children and then when school age, send them for summer.
    From the paper you are relying upon:

    Relocation cases represent a significant portion of all litigated family law cases, and as discussed in this report, they seem to be growing in number and are more difficult to settle without a trial than most other cases. Part of the challenge in settling is a reflection of the inherent difficulty in finding a "middle ground" in these situations. The high degree of discretion and lack of direction afforded to trial judges by the best interests of the child test of Gordon v. Goertz may also make outcomes less predictable and settlement more difficult.
    You should talk to a few lawyers and especially one from a reported case!

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    • #32
      Originally posted by StuckinAB View Post
      There is no equity in our house...been in house for just over a year. That's why I see no point in selling house when mortgage and house costs are less than SS and CS calculated.

      In relation to the house, whose name is on the mortgage. Because if the ex isn't living there, they aren't going to want their name on the mortgage with the bank. Which means you will need to get approved by the bank to take it over. If you have no job, they will not approve the change to the mortgage.


      Your plan for keeping the house revolves around no changes been made with the bank, or the bank requiring changes to be made. The ex is unlikely to agree to staying on the mortgage as they wouldn't be able to get a mortgage to buy their own house. The bank is simply unlikely to give him the loan for his own place.



      IMO, unless you are able to get the mortgage in your name only, forget about keeping the house. And if you have no job, the chances of getting a mortgage are slim. CS only last for as long as the kids are "children of marriage". SS is likely going to be time limited. Your kids are young, but we have no idea how long you were married for. The rule of thumb for SS duration is 0.5 years of SS for every 1 year of marriage. So if you were married 6 years, you could be looking at 3 years of SS, for example (unless certain criteria are met for longer).


      As others have mentioned, don't be so sure about being able to move. As was mentioned, the 52% is from some time ago and of those parents that were successful in their request to move, it is unlikely a high percentage were looking to move countries.

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      • #33
        I honestly don't think any father would allow his kids to be taken away to another country, and no judge will grant you this. After 18 months in family court I can tell you with certainty that judges do not want to separate children from their parents. The lawyer is going to take everything you have and is lying to you.


        Let alone, think about the best interests of your children. Do you think that the children will benefit from not having their father in their life? I'm sure he loves those children as much as you do and will want to go to their first day of school, spend time with them, see them graduate, play catch etc.



        At the end of the day, you need to understand that you are rooted here now and have to get your life set up here and start thinking about your children.

        That means getting your housing settled, which probably means selling the house and getting a job and putting your kids in daycare.


        Going through court will have no benefit to you or your kids. Certainly a legal battle will be much more money than 4 years of daycare for these children, of which you both share the expenses.


        I think you really need to listen to the people in this forum and understand that it benefits nobody to take this line. It'll only add stress and pain. Things will eventually settle down and stability is what your kids need.

        Do not take this path.

        Comment


        • #34
          i wonder what happened here

          Comment

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