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 09-06-2013, 08:42 AM
Summer13's Avatar
Summer13 Summer13 is offline
Member
 
Join Date: Sep 2013
Location: Hamilton, Ontario
Posts: 41
Summer13 is on a distinguished road
Default Ex moved without consulting me.

Complex situation. Basically ex midnight moved with the kids and didn't tell me until after the move. At the same time I received very disturbing information with respect to drug use that had to be dealt with immediately. The drug test was delayed and delayed all by games on the ex's part. My question is, now that the drug test is over I need to address the move and because it was delayed so long (3 months) does this hurt me with respect to a case?

All while this is going on we are in court with nothing but a temp order in place so far. The move greatly affects the custody schedule I have requested and will make it near impossible. Ex is claiming she had to flee from her bf and that's why she moved, I heard she was evicted!! Either way I was not consulted and now because they live further away I don't think I will be able to swing what I wanted and she knows this.

This isn't fair.

What do you think a judge will say regarding her move??

The housing is less than adequate they live in the basement of her friend house and none of the children have their own room. It's not zoned to be an apartment. She move their cause we friend thinks she can save the world but really my ex just wants a babysitter.
Reply With Quote
  #2  
Old 09-06-2013, 08:56 AM
HammerDad HammerDad is offline
Senior Member
 
Join Date: May 2010
Location: Hamilton
Posts: 3,973
HammerDad will become famous soon enough
Default

You need to move on this quickly. You shouldn't have delayed for anything, not even the drug accusation. Unless she moved because of your supposed drug use, the issues are not related.

Do you have a court order or separation agreement that provides for parenting time? If so, what is your parenting time schedule? If not, have filed a motion or are you involved in court proceedings?

How far did she move?

Has your usual parenting time been affected?

Did you notify your ex immediately to inform her that you do not consent to the relocation of the children as it impacts your parenting time and that you don't believe the move to be in the children's best interests?

Did you ex offer you anything to compensate you for any adverse affects the move may have (ie. lost parenting time being made up in the summer, that she will be responsible for the extra transportation for your parenting time or will agree to reduced cs to cover the increased costs of exercising your parenting time)?

These are all important and will help you get advise.

Outside of that, you need to file a motion to have the kids returned. You should've done that 3 months ago, notwithstanding any drug testing.
Reply With Quote
  #3  
Old 09-06-2013, 09:20 AM
Summer13's Avatar
Summer13 Summer13 is offline
Member
 
Join Date: Sep 2013
Location: Hamilton, Ontario
Posts: 41
Summer13 is on a distinguished road
Default

Thank you for your reply I feel defeated. And I don't know what to do.



We only have a temp order in place at this time. Visitation is week 1 Monday and Wednesday (4-830) Friday-Sunday. Week 2 Tuesday & Thursday (4-830)

We are going back to the lawyer next week to finish up the case conference brief


She called me to tell me about the move and I lost it. She said she is the custodial parent and can do what she pleases. She does not require my consent because she says i have no rights. She offered nothing in return infact she said I have to now do an extra hour of driving in order to see them cause she refuses to make accommodations at work to meet me half way. She says it is my responsibility to get them to and from her house.

Unfortunately I work for a company that allows me to be flexible with my hours. Now I have to leave work extra early to ensure that I get them on time. But I don't feel I should have to make all of these accommodations.
Reply With Quote
  #4  
Old 09-06-2013, 09:22 AM
Summer13's Avatar
Summer13 Summer13 is offline
Member
 
Join Date: Sep 2013
Location: Hamilton, Ontario
Posts: 41
Summer13 is on a distinguished road
Default

My lawyer suggested a case conference instead of a motion to see how the courts handle her move. I don't feel my lawyer is aggressive enough but she is the only one I can afford it this time.

If I asked for the children to be returned as you stated where would they be returned to would they come to me full-time?
Reply With Quote
  #5  
Old 09-06-2013, 09:27 AM
Summer13's Avatar
Summer13 Summer13 is offline
Member
 
Join Date: Sep 2013
Location: Hamilton, Ontario
Posts: 41
Summer13 is on a distinguished road
Default

I see that you live in Hamilton I do as well my lawyer is from Brampton and the reason she wants to do a case conference brief before the motion is because she is unfamiliar with the Hamilton courts.
Reply With Quote
  #6  
Old 09-06-2013, 09:39 AM
HammerDad HammerDad is offline
Senior Member
 
Join Date: May 2010
Location: Hamilton
Posts: 3,973
HammerDad will become famous soon enough
Default

There are a few really good forum members here that can likely help you.

If you are in the midst of a court battle, then you could file for a case conference. If you aren't than file a motion.

If your lawyer is uncomfortable with the courts, get a new lawyer. I can recommend one if you require.

Your ex is not 100% wrong. While she is allowed to move where she pleases, she cannot make a material change to the parenting schedule by relocating the kids without your previous consent or a court order.

You have rights, but the more you sit on your hands and do nothing, the more she establishes status quo, which will eventually sink you. You need to advise your lawyer to do something NOW. Whatever they feel is appropriate, tell them to move on it.

You will likely have to go through some negotiations with your ex. If you can't make your ordered mid-week parenting time because of the move, and it doesn't look like you will be able to get the kids returned to Hamilton, than start fighting to claw back that time by getting extra an extra weekend each month, all march breaks, 1/2 of summer etc. She doesn't get to dictate that she can move and you have to do all the driving and you lose parenting time. Hopefully you are keeping all communication with her via email so you have evidence of her position.

How old are the kids? Are they registered in school in the new location? If they are in school, well school has started, you may already be too late to get them returned. You may need to file an emergency motion.....but give that you've already waited 3 months, a court may feel that it isn't an emergency as you waited too long. But that doesn't mean you should sit back and accept the situation if your parenting time has been negatively affected.
Reply With Quote
  #7  
Old 09-06-2013, 09:59 AM
Summer13's Avatar
Summer13 Summer13 is offline
Member
 
Join Date: Sep 2013
Location: Hamilton, Ontario
Posts: 41
Summer13 is on a distinguished road
Default

The kids are 2 & 8. I feel like a jerk for waiting so long. Do you have any insight on exactly what I could put in an emergency motion, can I ask for the kids to be returned to me until she relocates back to Hamilton.

If u have recommendations for a lawyer please let me know. I cannot afford a high priced go getter unfortunately. Currently my lawyer charges $150/ hour which manageable. But we are $6k in and we have nothing.
Reply With Quote
  #8  
Old 09-06-2013, 10:09 AM
OrleansLawyer OrleansLawyer is offline
Senior Member
 
Join Date: Jul 2012
Posts: 1,787
OrleansLawyer is a jewel in the roughOrleansLawyer is a jewel in the roughOrleansLawyer is a jewel in the rough
Default

Quote:
We are going back to the lawyer next week to finish up the case conference brief
You have waited three months, so the chances of the matter being deemed urgent are slim.

You may wish to have, as a procedural order at the CC, consent to bring an urgent motion on the mobility issue if it cannot be resolved at the case conference.

If your lawyer is not comfortable doing their job, find someone who is.
Reply With Quote
  #9  
Old 09-06-2013, 10:10 AM
HammerDad HammerDad is offline
Senior Member
 
Join Date: May 2010
Location: Hamilton
Posts: 3,973
HammerDad will become famous soon enough
Default

You ask for the kids to be returned to their familiar location. Whether that be with your ex so that you can resume the regular parenting schedule, or with you.

I would speak to Tayken or others about the emergency motion. There are others much more knowledgeable than I on that topic.

As for a lawyer, you lawyer is dirt cheap. When I worked at a law firm I charged that rate.....as a paralegal.... I don't know if you will find one in that range in Hamilton (likely there is, but I don't know of one). I would recommend Lauren Bale or Wesley Jamieson (you can google either). Wes will be cheaper than Lauren as Lauren is a partner, but she does do very good work and is a good person.
Reply With Quote
  #10  
Old 09-06-2013, 10:12 AM
OrleansLawyer OrleansLawyer is offline
Senior Member
 
Join Date: Jul 2012
Posts: 1,787
OrleansLawyer is a jewel in the roughOrleansLawyer is a jewel in the roughOrleansLawyer is a jewel in the rough
Default

Quote:
Currently my lawyer charges $150/ hour which manageable. But we are $6k in and we have nothing.
If your lawyer has spent 30 hours working on your file (150+HST+disbursements = ~200/hr), and you haven't even had a case conference or settled anything of substance, I would be curious as to where those 30 hours went.

Unless you are turning your lawyer's inbox into your livejournal, you should be getting results. If your money is being wasted, take it elsewhere.
Reply With Quote
Reply


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
x moved out, still owns 50% of the home dadontherocks Financial Issues 3 10-18-2011 02:03 PM
Finally Moved out! AngieJ General Chat 4 09-03-2011 07:55 PM
She just took our kids and moved without my knowledge hurtdad Divorce & Family Law 5 08-21-2011 12:46 PM
Wife has moved out and keeps returning the home NewLife Divorce & Family Law 10 08-28-2009 11:03 AM
Ex moved with kids and didn't tell me where dg_sch Parenting Issues 8 09-04-2008 11:35 PM


All times are GMT -4. The time now is 08:41 AM.