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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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  #21  
Old 10-12-2010, 01:34 PM
ConcernenedStepMom78 ConcernenedStepMom78 is offline
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The only thing I can say is that these laws in Michigan were put in place 41 yeas ago, because the conflict was recognized and adjusted accordingly.
  #22  
Old 10-13-2010, 04:10 PM
ConcernenedStepMom78 ConcernenedStepMom78 is offline
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Sorry for getting all legalise oneveryone.
  #23  
Old 10-15-2010, 01:27 PM
ConcernenedStepMom78 ConcernenedStepMom78 is offline
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If anyone cares to know I have been doing extensive research on Relocation Issues in Child Custody Cases. YOu would be surprised at what I have found thus far. Several Psychological Studies as well as a book recently Published in the United States.....

Amazon.com: Relocation Issues in Child Custody Cases (9780789035349): Philip M. Stahl, Leslie M. Drozd: Books

The individuals that wrote this book were pyschologists that conducted child assessments in such cases for the last 13 years and based this book off of a Study done by ...Braver Ellman and Fabricius in 2003 which referenced a case in the United States: Marriage of Burgess (1996) 13 Cal.4th 25 , 51 Cal.Rptr.2d 444; 913 P.2d 473 [No. S046116. Apr 15, 1996.] and

Marriage of LaMusga (April 29, 2004). California Supreme Court, S107355, 32 C4th 1072, 12 CR3d 356, 88 P3d 81, FIRST ALERT #F-2004-1143


which are coincidently listed in a publication in March 1998 funded by Sttus of Women Canada's Policy Research Fund titled: Relocation of Custodial Parents: Final Report By Dr. Martha Bailey Faculty of Law, Queen's University and Prof. Michelle Giroux, Faculty of Law, Civil Law Section, University of Ottawa

Now here is the odd issue Within these studies everyone agrees a need for Change on these issues but since 1998 no further studies in Canada have been Conducted, and nothing has changed
  #24  
Old 01-21-2011, 03:39 PM
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Further studies have actually been conducted. Perhaps they have not been available to the general public, but there have been quite a few studies in recent years on mobility, on financial, and on divorce and the effect it has on children of divorce over their lifetime...

I am not a fan of the mobility clause. I find it unconstitutional for one parent to dictate where the other lives, but that is likely my personal bias from having a non-involved father and a mother that refuses access...why should either of those parents dictate location and mobility terms?
  #25  
Old 01-21-2011, 03:43 PM
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As for the change...unfortunately, until parents start sticking up for and fighting for their rights and their childrens' right en masse, we are too easily swept under the rug by the economy, by green issues, and by other more popular political issues that grab attention and effect more canadians' heartstrings and wallets.
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Old 01-21-2011, 04:26 PM
billiechic billiechic is offline
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I'm about to see the ramifications of mobility myself. Ex is moving to Bradford, was supposed to move down to Vaughan. DD will have to continue commuting to school permanently.

My plans to move to Vaughan are also on hold, as Lawyers bills are preventing me from being able to move. Can't afford to rent! The possibility to buy a home closer to Vaughan, but still in Brampton has come up, but this leaves DD commuting every day permanently.

It's hard to predict the future, so we haven't actually included a mobility clause per se. The order will determine that neither of us can change her school without written consent of the other. But that puts a big restriction on where I can live in the future... I guess it's what's best for her, at least right now. Just don't want to end up back at court in a couple years...
  #27  
Old 01-21-2011, 07:20 PM
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That's a challenge billie. When our kids were younger we pretty much knew what schools they would go to from elementary to high school and we had the school board send us detailed maps of the district for each school. We took that to our realtor and asked him to only show us houses within both districts. We didn't want to look at houses all over and fall in love with something outside the district, then have to choose between the house and the school. It took a lot of time - and patience for both us and the realtor - but we found the right place.
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Old 01-22-2011, 10:47 AM
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Quote:
Originally Posted by InterprovincialParents View Post
I find it unconstitutional for one parent to dictate where the other lives,
Couldn't disagree more.

When two people have a child together they make a commitment to each other that survives their breakup.

It isn't one parent dicatating to the other. It is the child's need that is being met.
  #29  
Old 01-22-2011, 11:03 AM
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I hear what DTTE is saying and agree. Mobility clauses do not restrict where a parent's may live, as an individual and their choice or chartered freedom remains. However, mobility clause, restricts where the child may live.

Billie, the prospect that you may face concerning the future, and mobility, is challenging but can be accommodated. I live in a different jurisdiction as my child, and exercise my child's custody and access rights to the tune of seven vehicles in six years. Despite the hurdles, Joint Custody and rubber stamp access is workable and somewhat suggests my continued commitment towards my own child.
  #30  
Old 01-22-2011, 10:50 PM
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Thanks LV. I know it is workable, I just wish it wasn't so far. I'm more than willing to continue to commute so that she spends equal time with both her parents. It's just difficult.
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