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  • Overseas Lawyer.

    Hi,

    I have a few questions.

    My wife has been in Europe for the past few months and wants to start divorce proceedings from there. Is it a good idea for her to have a European lawyer who might not know about Ontario divorce laws?

    Would there be an extra premium for my lawyer to contact her lawyer?

    Since she has already left and is out of the country do we still require the one year separation period before getting a divorce?

    If we agree on everything can all the details be taken care of from where we both currently are or will she have to make a trip back here to finalize everything?

    Thanks for your help.

  • #2
    Could you get legal counsel there?

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    • #3
      why does she want to do it where she moved to?? If I was you I would get it done here in Canada. You start the divorce and then she can respond.

      Comment


      • #4
        My wife has been in Europe for the past few months and wants to start divorce proceedings from there.
        Start the proceedings in Europe or in Canada, from Europe?

        Is it a good idea for her to have a European lawyer who might not know about Ontario divorce laws?
        You should have a lawyer in whatever jurisdiction you are divorcing in, since that will be the relevant law.

        Would there be an extra premium for my lawyer to contact her lawyer?
        Long distance phone and fax charges. This should not be a huge burden.

        Since she has already left and is out of the country do we still require the one year separation period before getting a divorce?
        Yes. You must also have been resident in Ontario for the past year. I am uncertain if the same law applies in Europe - but you may wish to commence the proceedings in Ontario, since that is at your convenience.

        If we agree on everything can all the details be taken care of from where we both currently are or will she have to make a trip back here to finalize everything?
        If you reach an agreement then you may not even need to go to court, aside from the administrative portion of obtaining a divorce. For the contract to be binding both parties will need to sign it, although this can be effected by mailing the documents back and forth.

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        • #5
          Thanks for your replies OrleansLawyer.

          My wife has not been living here but she doesn't have residency status where she currently is so she should still be considered a resident of Ontario, is that correct?

          How do we decide what jurisdiction we are divorcing in since we are in different countries? Is it whoever puts in the application first? Since we are both residents of Ontario wouldn't Ontario law apply? Would her lawyer also have to be from Ontario?

          Thanks

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          • #6
            Are there children in the equation? If yes, where do they live? That would be where I would file.

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            • #7
              There is one child who is still with me and I am going to try to keep with me, if I can comvince my wife. He has been in this house all his life, his school, family and friends are here. It would be easier on the child to have some stability rather than to have to deal with the divorce as well as being uprooted.

              I have no problem with our child going to visit my wife during the Christmas break as well as the two months during the summer, that way it won't interfere with his schooling. Of course our child will also have to be involved in the decision.

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              • #8
                There is one child who is still with me and I am going to try to keep with me, if I can comvince my wife. He has been in this house all his life, his school, family and friends are here.
                Child's ordinary residence determines the jurisdiction, which would be Ontario.

                How do we decide what jurisdiction we are divorcing in since we are in different countries?
                See above.

                Would her lawyer also have to be from Ontario?
                That would seem prudent for her.

                Comment


                • #9
                  So since my wife is out of the country would that give me the edge with regards to who gets custody of our child?

                  So far things between us are moving along smoothly and if our child remains with me my wife is more than welcome to come here and visit him also. I am not trying to prevent them from seeing each other but I would like to keep him in the country.

                  Comment


                  • #10
                    Originally posted by Lava View Post
                    So since my wife is out of the country would that give me the edge with regards to who gets custody of our child?
                    Yes. Staying in the childs familiar location will give you the upper hand when it comes to custody. If you are able to stay in the matrimonial home which would allow the child to maintain relationships and cause the least amount of change in their lives, it is in the kids best interests to remain with you.

                    So far things between us are moving along smoothly and if our child remains with me my wife is more than welcome to come here and visit him also. I am not trying to prevent them from seeing each other but I would like to keep him in the country.
                    I would prepare a detailed parenting plan that provides:

                    1. for parenting time for your ex in Canada or outside Canada [see note below re: outside Canada];

                    2. a means of communication. Skype/phone/email etc that she can access to communicate regularly with the cjild.

                    3. duration for parenting time. 1/2 of christmas break, every other march break and 1/2 of summer would be reasonable (you said all summer, but you may want some summer time with your kid as well).

                    But stay child focused. Show that you are looking out for the childs best interests but are willing to facilitate the ex's relationship.

                    NOTE - Find out what country she plans on living in and then check and see if that country is a member of Hague Treaty member. The last thing you want is to send your kid overseas for their parenting time, only to have the ex abduct the child and you fighting for their return.

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                    • #11
                      How old is the child?

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                      • #12
                        May want to do more than rely on the Hague convention-it does not work!Go through the country in questions news articles on child abduction.Many countries will pretend to be "child friendly" but will crucify anyone foreign who has a child with a citizen of theirs.It may be years before the child is returned even with the Hague.

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                        • #13
                          Originally posted by standing on the sidelines View Post
                          How old is the child?
                          The child is 14.

                          Comment

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