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Parenting Issues This forum is for discussing any of the parenting issues involved in your divorce, including parenting of step-children.

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Old 08-08-2006, 02:29 PM
independentgal independentgal is offline
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Default Ex is forcing me to move, but can he stop where I go?

Hi there

I posted in the Family Law forum an update to my situation this morning. I am being forced out of the matrimonial home pending appeal. As of today, there is vacant possession of the matrimonial home on August 31st.

My lawyer says to make alternate arrangements as I cannot wait until the last minute for an appeal to be heard.

In order to prevent my ex-husband from sabotaging me, I am quietly looking for a new home at which I can operate my business(sole source of income). I have less than 3 weeks to find and move to a new place as well as work 70+ hours a week, take care of a kindergartner etc. argue motions in court, answer ridiculous lawyer letters, etc. etc. It is unbelievably cruel to force me and our son out with 30 days notice. It is not like I can just move my suitcase. I have tractor trailers worth of equipment, inventory, livestock etc. to move off of this property.

I have placed a conditional offer on a property and am awaiting my lenders approval to waive the condition. At that point, I can move the business and livestock etc.

The property is only 20 miles away from him. I am afraid he will bring an emergency motion to prevent me from moving even this short distance. My lawyer tells me not to worry, by inference my husband is telling me I need to move by forcing the motion to sell the matrimonial home. He says I want to do it quietly, move to this town, enroll son in new school etc. before I tell the ex. I have primary physical custody now, no permanent custody has been decided.

My ex told my boyfriend that he is going to take custody of my son away, as I am homeless now and obviously cannot provide a home for him anymore.

When I heard that, I started to think that being secretive wasn't such a bad thing as i want to ensure I have a stable home for my son and this is the only way to do it.

I am upset that I cannot even mention it to my son that we are moving for fear he will tell my ex.


Am I wrong in doing it this way?
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Old 08-09-2006, 09:39 AM
logicalvelocity logicalvelocity is offline
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independentgal,

If you are in Ontario, each parent has coextensive custody of the child until an order from the court or a written separation agreement providing otherwise.

On a custody adjudication, courts would consider the status quo arrangement of the child along with the best interest test. In the best interest test, stability and the bond the child has with each parent are critical considerations.

I suspect that since you have been forced to leave your home, (not sure why you didn't bring forth an order from exclusive possession of same) and in consideration of the type of property you need to support your livelihood, you would be free to locate a reasonable distance. You could also seek an endorsement from the court to the move, but time is of an essence to you.
It appears your ex is really playing hardball with you.

lv
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