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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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Old 08-20-2011, 09:34 PM
hurtdad hurtdad is offline
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Default She just took our kids and moved without my knowledge

So basically the story goes as such. I was with a girl for 6 years. We now have two children ages 3 and 1. The children were born and raised in Gatineau. Since then end of march I was basically told to move out of the house because we were broken up and things were not going so well between us. I have been seeing my children every wednesday and sundays aswell as every second weekend. On the Sunday of last week when I was to go pick up the kids I received a text message from their mother stating not to bother to come get the kids as she has up and moved them to New Brunswick without my knowledge or consent. She had moved 2 days prior. I was never allowed in the house so I had no clue. I now reside in ontario since the split up. There was no custody agreement made since we split up. Ive spoken to a couple of lawyers and seem to be getting conflicted stories from each lawyer. What can I do to get my kids back? She has no job and has been on welfare since I moved out, claiming she could not work because she could not find a daycare so she could get a job. I need any advice as soon as possible. I continue to look and search and try to contact lawyers but it seems they all want my money and dont seem to give me any answers. Please help!!
  #2  
Old 08-20-2011, 09:49 PM
Mess Mess is offline
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You now reside in Ontario, you call the Law Society of Upper Canada and get a referral for a free 1 hour consultation with a divorce lawyer, you explain the main issue of your case, mobility, and you get a lawyer with specialized experience with interprovince mobility. Remember those terms and ask for it.

When you talk with the lawyer tell them to forget financial details for now, you focus on child custody and access.

You have a list of questions and make sure you get answers within the hour. Don't waste time going off topic on what a bitch your ex is, or how bad you feel. Get a therapist for that. Focus on child custody and access.

From your story, you moved to Ontario after the split, so you already voluntarily moved out of province from your children. You don't have a strong case for contesting the move to NB. If you had stayed in Gatineau then you could have had a case for having the children returned, and the ex can live wherever the hell she wants. That possibility has evaporated.

You want regular access as much as possible with you in Ontario and her in NB (presuming you aren't going to move to NB). You can probably get most of the summer, xmas break, march break and visits whenever you can get to NB. You obviously won't get regular weekends from that distance. Sit down, decide what you are doing with your life and how much time you have to commit to your kids and work from there.
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Old 08-20-2011, 10:16 PM
HammerDad HammerDad is offline
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Quote:
Originally Posted by hurtdad View Post
I was basically told to move out of the house because we were broken up and things were not going so well between us
If she wants separate living accommodations, she can leave. The kids stay put with you in the matrimonial house. Your first and worst mistake was moving out. You are now behind the eight ball.

I do assume when you moved, you moved into Ontario but stayed within about 30 minutes of Gatineau.
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Old 08-20-2011, 10:42 PM
raven70 raven70 is offline
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Default jurisdiction between provinces

To hurt dad. The same thing happened to me, you can read my posts to see
the details, you need to act fast, get a court order from Ontario to have the
children returned. For this you will need a lawyer to have a Justice stamp a
legal document. Once you have that Court Order, retain a lawyer in N.B and
set a motion date for Jurisdiction presenting the Order from Ont. The Justice
will Order her to return.

I went to a jurisdiction hearing without a court order from my childs birth
province and now i fly accross the country to see my child.

Spend the 6-8k now, or you may regret it, I do

Best of luck Raven
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Old 08-21-2011, 06:15 AM
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Skndlz2904 Skndlz2904 is offline
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Quote:
Originally Posted by Mess View Post
Don't waste time going off topic on what a bitch your ex is, or how bad you feel. Get a therapist for that.
HAhaha LMAO
  #6  
Old 08-21-2011, 01:46 PM
Looking4Answers Looking4Answers is offline
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Do what Raven suggested.

She has no right in moving the kids to New Brunswick.

In a large city you can be at least 30 minutes away from your children if not an hour depending on what area of the city you live in.

Honestly, these people that premeditate situations and then act on them with no regard to the other parent/spouse are criminals as far as I am concerned and should be judged harshly.
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