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  • Where to File?

    If I live in Brampton and my X (who has the kids living with her) lives in Orangeville, where do I file my Motion to Change? Brampton or Orangeville?

    We have joint custody but I am seeking CS Payment Reduction due to income change and Police enforced access. Right now I haven't seen my kids since X is denying me access.

  • #2
    The jurisdiction where the children reside would be where you file.

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    • #3
      HammerDad is correct. My ex filed motion in the jurisdiction he resided in Brampton, although the children resided in Orangeville and the Judge "transferred the file back to Orangeville-Dufferin County" where the children resided.
      save time and file the motion in Orangeville

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      • #4
        Originally posted by TLCRN View Post
        HammerDad is correct. My ex filed motion in the jurisdiction he resided in Brampton, although the children resided in Orangeville and the Judge "transferred the file back to Orangeville-Dufferin County" where the children resided.
        save time and file the motion in Orangeville
        There is a slight challenge to this. If the children were removed from their primary residence by the parent and then moved to Orangeville without your consent it doesn't designate Orangeville as the jurisdiction.

        So, if you did give consent for their move to Orangeville then you have to file there. But, if there is no evidence that you provided consent for the move to the jurisdiction of Orangeville you would file in Brampton but, GIVE ALL THE EVIDENCE that this is the case.

        Judges don't play around with jurisdiction. It is about where the children "primarily resided" prior to their move if it was not done on consent.

        Often times parents want to leave the city more than their spouse so they pull a stunt where they run and file an emergency ex-party to try and establish primary residence. Don't do this ever. You will feel the heat of the family court really fast. Also, it could constitute Abduction under section 283.(1) of the CCC.

        Good Luck!
        Tayken

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        • #5
          To Tayken's point, how long they have resided there would be an issue. Generally, after 6 months they would have been deemed to be residents of that jurisdiction. If OP objected to the move prior, then that would possibly delay that 6 month timeline. But the objection would have to be more then a letter or email. They would have had to be some pro-active step in court by the OP.

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          • #6
            Originally posted by HammerDad View Post
            To Tayken's point, how long they have resided there would be an issue. Generally, after 6 months they would have been deemed to be residents of that jurisdiction. If OP objected to the move prior, then that would possibly delay that 6 month timeline. But the objection would have to be more then a letter or email. They would have had to be some pro-active step in court by the OP.
            HammerDad is absolutely correct. This would have to been addressed on motion or through application to the court or in your response to an application.

            Furthermore, the residence for which maintains the children's documentation is also a key factor for identifying their residence.

            Should a motion be brought forward in the wrong jurisdiction and a superior court justice returns matter to the court of competent jurisdiction that parent should just give up on the quest to win primary residency. The rules are what judges decide jurisdiction on... Not what a parent wants but, what are within the children's best interests.

            Good Luck!
            Tayken

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            • #7
              Health Care Plan

              Hi Everyone,

              Well I filed my Application for Divorce and now have to serve my STBX. Before I do that, I thought I had better call my Health Care Private Plan to see if he will still be allowed on it in the event of divorce. Thank gawd I did. They told me that unless it is written by the court stating he is to remain on it they will take him off as he is no longer considered a spouse. I know the judge asked me if he could stay on it even after a divorce...I replied yes, I'm pretty sure he can. As of yet I have not received the final papers that were filed by the court regarding our separation agreement, so I'm not sure if it is truly ordered or not.

              I guess this means I will have to stay married until I turn 65 when all SS ceases.

              Sighhhhhhhhhhhh
              L

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              • #8
                Sorry I thought I was starting a new post...I apologize

                Comment


                • #9
                  Pippi123: Contact the Court house in Brampton and/or Orangeville and ask the court staff where you are to file explaining your situation.

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