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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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  #11  
Old 02-14-2012, 12:13 PM
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Originally Posted by Pharah View Post
I am not sure that is a legal requirement. His health card had been sent back and forth but his other documentation have not. If this is a legal requirement, could you please refer me to where this is documented. Thanks.
The documentation you are refering to is government property. You are the "custodian" but, your rights as a custodian (read the fine print on them) can be stripped by the government and the court.

If the other parent doesn't return the documents then you can contempt them if you so want to drive up the conflict.

Anticipation of what the other party is going to do only causes unnecessary stress and conflict. Just provide the documents, sign what is needed and get the task done. If the other party doesn't comply with the order then you have grounds to do something about it. Until then, you are just making things worse.

Good Luck!
Tayken
  #12  
Old 02-14-2012, 12:13 PM
Berner_Faith Berner_Faith is offline
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Yes Tayken you are right...but they are not his property to withhold for no reason other than the fact he is being difficult and suspects she will lose them.

Does a notarized copy not cost money? If so, he should be responsible for that charge seeing as he is unwilling to give her the documents she needs.
  #13  
Old 02-14-2012, 12:36 PM
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I'd say if you have a government issued copies, then it is easy to get a copy of them certified via a notary public at the court house or your either of your lawyers. If it is a certified copy from an original then I wouldn't give her them either since if they are lost as well then either of you would have to reapply for a replacement. Your ex does need to be more accomodating with regard to your concern (just as long as your not being malicious). I'd give her her options in writing as how you'd like to handle it, and let her decide which route she wants to choose which would then put the onus on her. It's a control issue.
  #14  
Old 02-14-2012, 12:52 PM
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I'm also pretty sure that you are only allowed one original of each piece of identification. You can only apply for another one if you have lost the first one. So your ex could not apply for her own set for your child as you already have them and they are not lost.

It sucks when you can't trust your ex, but these documents really do need to go back and forth with the child or be able to be provided as needed for purposes such as this one.

If you feel it is necessary, maybe you can have an amendment to your agreement that your passport paragraph should apply to all identification type documents. That way, if she doesn't return them, the fault is clearly hers for not complying with your order, and the onus is on her to pay to replace anything lost while in her possession.
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Old 02-14-2012, 01:00 PM
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You can have multiple copies of birth certificates, for example long form and short form but generally you are correct. For Health and Citizenship card and the like, you are only allowed a single copy.

As always, thank you for your input and being my center of reason.

Pharah.
  #16  
Old 02-14-2012, 01:03 PM
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Am I entitled to apply for the birth certificate? - Ontario.ca


Quote:
Not more than one certificate and one certified copy (long form) will be issued. Check which one you need before you apply.
So get a certified copy. Whoever didn't pay for the one you currently have should pay for the certified copy.

Or you could just be reasonable and send them with the child, as they should be.
  #17  
Old 02-14-2012, 01:08 PM
Pharah Pharah is offline
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My son was not born in Canada but thanks for your input Blink.

I have agreed to provide the documentation with the understanding that they are returned following the application in order to process his other application.

Thanks again.
  #18  
Old 02-14-2012, 01:35 PM
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You might have wanted to specify that in your original post. Or in any of your posts, for that matter. Pretty sure all the info given here was specific to this country.
  #19  
Old 02-14-2012, 02:00 PM
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Quote:
Originally Posted by Berner_Faith View Post
Yes Tayken you are right...but they are not his property to withhold for no reason other than the fact he is being difficult and suspects she will lose them.
Agreed. The OP is anticipating something bad is going to happen. Courts don't run on "anticipations" but, real actual factual events. The OP is paranoid about the documentation and maintaining control of them when in fact the actual legal control of them is in the hands of the government.

As the custodian if the other party doesn't return them they can be reported lost and new ones can be acquired by the custodian.

Quote:
Originally Posted by Berner_Faith View Post
Does a notarized copy not cost money? If so, he should be responsible for that charge seeing as he is unwilling to give her the documents she needs.
Yup. The OP seems so concerned about the documents and giving them up I agree that the OP should pay the costs for the notarized copy. But, then the other party has a notarized copy and never needs to ask the OP for them again. Control will be lost and that isn't what the OP wants from what it seems in the line of questioning. The OP for some reason thinks that custodianship = control. It just doesn't.

You identified it correctly Berner_Faith, it is a non-issue and the OP should really just give up the documents and wait to see if the "bad" thing the OP is expecting happens.

Good Luck!
Tayken
  #20  
Old 02-14-2012, 02:02 PM
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Originally Posted by blinkandimgone View Post
You might have wanted to specify that in your original post. Or in any of your posts, for that matter. Pretty sure all the info given here was specific to this country.
Blink, you are 100% correct. The OP didn't identify that the child is not a citizen. Important information that should have been disclosed if the OP was truly looking for a solution.

Good Luck!
Tayken
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