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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 10-24-2020, 06:33 PM
rockscan rockscan is offline
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On a balance of probabilities. Her lawyer can go fuck themself. Judges dont consider a new partner or their family a substitute for a father but good luck to them.


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  #22  
Old 10-24-2020, 07:28 PM
tilt tilt is offline
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I would still be concerned, she is inching your daughter away from you and using this time to set up Sudbury as a new status quo. If she gets a job in Sudbury she will may try to move the daycare to Sudbury. From Sudbury, after she has been there a while, it will be much easier for her to move to North Bay. An hour move away is too far, especially in the north, heading into winter. And, if you do not object to the move to Sudbury it is considered “on consent”.
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  #23  
Old 10-24-2020, 07:33 PM
goblue goblue is offline
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Quote:
Originally Posted by rockscan View Post
On a balance of probabilities. Her lawyer can go fuck themself. Judges don�t consider a new partner or their family a substitute for a father but good luck to them.


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LOL... love it.
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  #24  
Old 10-24-2020, 07:40 PM
goblue goblue is offline
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Quote:
Originally Posted by tilt View Post
I would still be concerned, she is inching your daughter away from you and using this time to set up Sudbury as a new status quo. If she gets a job in Sudbury she will may try to move the daycare to Sudbury. From Sudbury, after she has been there a while, it will be much easier for her to move to North Bay. An hour move away is too far, especially in the north, heading into winter. And, if you do not object to the move to Sudbury it is considered “on consent”.
Yep, before I even knew about North Bay I was concerned with this inching away strategy. Good call, I should at least respond saying I do not consent. Having said that I'm guessing I don't do an urgent motion and just wait for my court date in late November? I don't feel confident with that one as my access isn't affected in the interim. But again, I don't really know. Will discuss options with lawyer.
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  #25  
Old 10-25-2020, 12:18 PM
rockscan rockscan is offline
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I don't feel confident with that one as my access isn't affected in the interim. Will discuss options with lawyer.
Definitely discuss with your lawyer. One snow storm and suddenly its we cant make it for your time. You live in an area that gets snow early and in full. She can use that to her advantage and that isnt fair. Make sure at your first court date you can get a temporary order to have the child stay where you are. And yes, respond that you still dont agree.


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  #26  
Old 10-25-2020, 04:26 PM
tilt tilt is offline
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As to an urgent motion, I would be inclined to suggest that waiting until after the move for the late November court date is an implied consent (and really, no guarantee the late nov court date won’t be adjourned for one reason or another). I would have your lawyer draft a letter that you agree that *she* can move to Sudbury, but the child stays in Massey (where, after all, her daycare is). Offer the mother liberal parenting time, but the child lives with you in Massey. You may want to specify that you will waive her requirement to pay child support until final detiremination of residence is made.

I am suggesting this on some assumptions: the two of you having true shared custody, that you currently have the child for seven overnights in a two week period, that the child has her own bedroom in your home, and you are fully involved in her life (taking her to extracurricular activities, play dates with friends, visiting family). I’m a little unclear about the mother’s current employment - she is currently working in Massey and dropping the child off at daycare, then returning to sleep in Sudbury? But if she gets a job in either Sudbury or North Bay there would be no reason for *her* to keep driving the child to Massey for childcare (if she worked in Sudbury it would add a four hour commute for her each day and be a very long time for the 3 year old to be in a car daily). So the logical thing would be to keep the child in Massey as per the current status quo.

I am not as optimistic as other posters that she will be denied mobility, you mentioned a fianc�e and them selling/buying homes together, which indicates a pretty stable relationship that can financially support your child. If you aren’t in your own home, I would investigate buying one if possible, based on where you want your daughter to go to school in Massey, keeping visiting the Soo on weekends to strengthen family ties, and bump up your documented/public participation in her life.

Last edited by tilt; 10-25-2020 at 04:38 PM.
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  #27  
Old 10-25-2020, 05:15 PM
goblue goblue is offline
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Hi Tilt,

Your assumptions are correct. 7 nights in a 2 week span my daughter stays with me. I own my own house and she has her own room. Financial stability is not an issue. Currently the ex still has her house in massey. It's sold so I'm assuming it closes in next few weeks. She intends to commute once she fully moves.

Every second weekend I take her to visit her family in the Soo. We are actually returning to Massey from a weekend visit shortly.
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  #28  
Old 10-26-2020, 11:16 AM
tilt tilt is offline
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Then you are well positioned. It sounds like she was hoping to bluff you into just conceding your parenting time. Good luck. Remember this is a marathon, not a race, and the courts move slow.
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  #29  
Old 10-26-2020, 11:53 AM
goblue goblue is offline
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I will say I'm annoyed that her partner and his family is possibly a factor. I mean I can hook up with someone too if that helps, lol.
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  #30  
Old 10-26-2020, 09:34 PM
pinkHouses pinkHouses is offline
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So she says the move to Sudbury is either permanent or temporary until the move to North Bay.
I hate this stuff where they say they are going to do something but no one cares until they actually do it. happened to me....threatened access but lawyer shrugged their shoulders "did they do it?"

At the very least You still have to send a letter and object to the move to Sudbury. It is at the very least considered permanent. Maybe that was the plan all along.
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