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Military Member looking to See If I'm Out To Lunch With My Motion

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  • #16
    As a military member you gave up your Charter Rights to freedom of movement - which means your job depends on your ability to move. If you already have sole and primary custody, given your military status a judge would see a move as reasonable given that its not your choice to move. It is in the best interest of your child that you remain employed; if you refuse a move, the military could release you for breaking your terms of service, or they could recommend that you do a component transfer to the Reserves, which would not be in the best interest of your child as you would lose job stability and would receive less pay. Especially if you have a strong access plan and make concessions like agreeing to pay the cost of access visits.

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    • #17
      "The fact that you see zero affect on your child tells me you're doing this for yourself and your dislike of your ex rather than for your child."


      The poster is not doing this for herself, as a military member she has no choice but to move if the military orders her to - if she does not report to her new unit at the new location, she would be declared AWOL and would be charged.

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      • #18
        Originally posted by Tayken View Post
        You have an order/agreement registered with the Superior Court hopefully. I believe that your CO can't make you move. Contempt is a quasi-criminal conduct and the military can't ask you to brake the law.

        So, hand your order/agreement to your CO and tell them you can't move and if you do and take the child they are placing you in a situation in which you could be criminally charged for failing to follow an agreement/order.

        Employers can't make you brake the law.

        This is factually incorrect. The court order only relates to the mobility of the child - not to the mobility of the military mother. There are hundreds of cases in the Canadian Forces of military members being forced to choose between giving up their career or moving away from her children, because military members do not have freedom of movement. Her Career Manager (not CO) would tell her that she either moves with her kid, without her kid, or leave the military (or switch to the Reserves) for breaking terms of service.

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        • #19
          Originally posted by enchantedowl View Post
          This is factually incorrect. The court order only relates to the mobility of the child - not to the mobility of the military mother. There are hundreds of cases in the Canadian Forces of military members being forced to choose between giving up their career or moving away from her children, because military members do not have freedom of movement. Her Career Manager (not CO) would tell her that she either moves with her kid, without her kid, or leave the military (or switch to the Reserves) for breaking terms of service.
          LOL mobility is the major issue and the Best Interests test is the only test. Like it or not your obligation to the military is no different and holds no different weight in the balance of probabilities than any other "public citizen" in the Civil Court.

          Because you are in the military gets you no bonus points. Your custody and majority access does... your job gets you nothing.

          Surely you can get a job in the private or public sector. Most people who have gone through the military are highly employable. Often with much better pay (crappier pensions).

          Also just like any employer the military will bend over backwards to keep a good employee employed. Employers make all sorts of accommodations for Family Situations. I am sure an Officer wouldn't have to deal with this...

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          • #20
            Also, if you are looking for facts I suggest you contact a lawyer and not a random bunch of people using fake names on the internet. You are just getting opinions here.

            Use opinions at your own risk. Opinions are as common as teeth.

            https://www.macleans.ca/politics/ott...it-altogether/

            https://theconversation.com/why-cana...ilitary-101236

            https://www.cbc.ca/news/politics/dnd...poll-1.4754083
            Last edited by Tayken; 02-01-2021, 02:43 PM.

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