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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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  #1  
Old 08-13-2011, 07:47 PM
raven70 raven70 is offline
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Default motion vs motion to change question

I have a question about a motion vs motion to change in my family matter.

We have several court orders, now final. they cover all the issues such as
access,custody,SS,CS and jurisdiction in ONT as I reside B.C and travel for
access.

As my child grows I see that the time to bring him with me home to B.C for
a visit would advantagous for everybody involved, especially his grandparents
who also reside in B.C.

The jurisdiction and access has been all done through the court in ONT, and I
am a visiting parent, my ex parter has sole custody.

In one of our court orders it is stated that the Applicant(ex partner) will
discuss B.C access, but ofcourse that is not happening.

In order for me to visit with my child in birth province and where I reside(B.C)
and to ask for assistance with all the travel involved as the child was removed
unilaterially and without my consent, would this be a motion or motion to
change in order to ask a Justice permission?

Good luck all, The Raven
  #2  
Old 08-13-2011, 08:13 PM
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Tayken Tayken is offline
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Quote:
Originally Posted by raven70 View Post
I have a question about a motion vs motion to change in my family matter.

We have several court orders, now final. they cover all the issues such as
access,custody,SS,CS and jurisdiction in ONT as I reside B.C and travel for
access.

As my child grows I see that the time to bring him with me home to B.C for
a visit would advantagous for everybody involved, especially his grandparents
who also reside in B.C.

The jurisdiction and access has been all done through the court in ONT, and I
am a visiting parent, my ex parter has sole custody.

In one of our court orders it is stated that the Applicant(ex partner) will
discuss B.C access, but ofcourse that is not happening.

In order for me to visit with my child in birth province and where I reside(B.C)
and to ask for assistance with all the travel involved as the child was removed
unilaterially and without my consent, would this be a motion or motion to
change in order to ask a Justice permission?

Good luck all, The Raven
Hi Raven,

It seems a bit strange that you are claiming the jurisdiction prior to the removal of the children without consent or a court order was BC and not ON. Is that correct?

If the children primarily resided in BC prior to their removal the matter should have been heard in the court of competent jurisdiction was where they resided prior to their removal. If the orders are now in place you have to deal with ON courts. You should have challenged jurisdiction at the time the original application was made in ON.

As for the discussion. My recommendation would be to seek arbitration on the matter. Recommend an arbitrator to deal with the issue from Ontario and plead your case to the arbitrator. You will have to get consent from the other party to take the matter to arbitration.

If you can't get an agreement on arbitration then you are left with dealing with the Ontario courts. The person arbitrating may take into consideration that the children were removed from their primary residence without consent or a court order but, it is odd that the issue wasn't dealt with on the original application.

Good Luck!
Tayken
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Old 08-13-2011, 09:35 PM
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wretchedotis wretchedotis is offline
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Default

Temporary and Final Orders are two very different things.
If you have a 'final order' thats the one you need to read.
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Old 08-14-2011, 11:30 AM
raven70 raven70 is offline
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Hi Tayken, When my child was just weeks old I allowed my ex partner to visit
her family in Ont by signing a letter she wrote, indicating she would also return
in the near future.They had no intention of returning to B.C and instead of getting
of the plane as planned,(ticket purchased)I was served with papers to appear in court in Ont just days later, I quickly hired a lawyer in Ont and appeared in court.
The Justice then accepted jurisdiction for the reason that the child,only months old
had a spent over half its life in Ont,not B.C. The motion took several hours to play out and still keeps me awake at night.

My lawyer said to obtain a court order from B.C and we would win the appeal, after doing some research I found out that if we did win the appeal, the likelyhood and reality that they would actually return to B.C and that the police would enforce this, was unlikely. I let it go and now travel often to access my child. The same Justice at
the next motion ordered a reduction in CS to assist in the costs of access.

Raven
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