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  • hmmmmmm

    hi there
    i was wondering if there is a court case in 2 months can i move to another provience in canada or do i have to stay here till then and the father has called the courts due to me sayin that he could not see son till the court case due to being mad. i have no family in ontario they all live in alberta, bc and the yukon. i want to move closer to my family for the support i would get from them. my son does not know my family due to the ex sayin no he can not go and see them and the family has to come to ontario to see him. how can he get to know my side of the family? if he does not have the right to see them at all. i asked the ex that i would give him summer months with son am i being greedy for theat due to the fact i want son to see my side of the family. what can i do?

  • #2
    midnight4519,

    If you have a court date in Ontario, I would advise that you stay and appear for the court date.

    I perceive you to have a material change of circumstances on your hands due to your pending move. The best interest of the child could be reviewed at the request of the father. There is a good chance that custody could changed.

    You have the right to move, this is guaranteed by the charter of rights and freedoms, however you do not necessarily have the right to move the child without having the father's consent.

    You have mentioned in regards to your child's right to know your extended family, but this is a secondary issue. Regards would be given to the father child relationship and what impact it would have on same if a move was to occur.

    A move out west is significant and no doubt will effect the current relationship between father and child, friendships created, schooling etc

    Get the court's blessing for the move in advance.

    Comment


    • #3
      i asked the father if i can move and that he would have the summer and vactions with son instead of going to court. he he totally refused saying no son of mine is going anywhere. and i also suggested that i'll stay in ont but in a different town futher away from the area and he made threats that he would have me charged for kidnapping. the ex has been threatin me since he walked out on us with court and kidnappin and i had enough i want to move closer to home

      Comment


      • #4
        midnight4519,

        I agree with you that it is not very nice to receive threats of court action etc.

        What is the current custody situation? Is it court ordered or agreement between the parties and or separation agreement?

        You have to keep in mind that both parents (mother and father are equally entitled to custody of the child subject to the child's best interest. This is the paramount consideration.

        If you have a long standing status quo joint custody regime in place where the child has been living with both parent's and everything has been working out well, the court's like to keep as less disruption to the child as possible.

        The child is habitual a resident of Ontario, and the Ontario courts would have jurisdiction. If you fail to show up for court, the court could make an order without you.

        The proper procedure is to bring forth action in the courts and get the court's blessing for a pending move. If you unilaterally move and take the child especially if your ex is so against it, the courts would not really like this and it may be held against you.

        Comment


        • #5
          well since the ex walked out i have an understanding that i have full custody. there is no agreement signed or anything was in court. my son has been with me since the ex left and that my son has a disablity that i have been the sole caregiver and went to the meetings that hes required to go to by my self and that the ex refused to go to the meetings and is currently living with another female with kids for the past few months, his family never wanted to know or go though the meetings either. i am from the yukon so i know that he would get the same treatments he is getting here. and the ex has been nothing but uttering threats to take son away due to me being an unfit mother but i know i am not. i lost my job due to the ex saying he does not trust people with son cause i could not work day shift when it was presented to me at the time

          Comment


          • #6
            recieving threats of court dates and accusations that make no sense aren't any fun at all. I'm going through the same thing ontop of a messy custody battle that shouldn't be happening in the first place.

            Comment


            • #7
              midnight4519,

              I don't think you have much to worry about. If your ex walked out and left the child, children with you, I would think that he has essentially given you custody of the child/children. This is known as defacto custody.

              This will work against him. As I mentioned, it is highly unlikely the courts would disturb the status quo unless you were proven beyond a reasonable doubt to be an unfit parent.

              In fact if your ex is making countless allegations and assertions that are unfounded, this will work against them.

              If he continues to make threats of court action, call their bluff and attend.
              I believe the courts will be on your side. Possession is 9/10 ths of the law

              Comment


              • #8
                well last night i took son to see his father and left him there for 2 hrs and when i got back to pick him up that me and the ex had some words and he told me if i don't have son there friday that he was going to file papers that i denied him access to the child and said i haven't fed my child due to my child sayin that and which he was fed but did not want to eat we had some words and yes i know it was not good and i said something. then he uttered a threat that he was going to put my head though a glass door if i swore in front of my child in front of the child and told me i would look good in jail if i don't let him see son. i am totally stressed to the max right now and feel the only way is if i moved and start fresh

                Comment

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