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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 09-24-2020, 10:19 AM
SGDad SGDad is offline
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Default Question about interprovincial parenting (Ottawa-Gatineau)

Hello again everyone, I searched for an answer to this both online and on this site and couldn't find anything so here goes...

My ex and I have shared custody/access (50-50) of our primary-school-aged daughter. Until recently we both resided in Ontario, but now my ex resides on the Quebec side of the Ottawa-Gatineau region, I still reside on the Ontario side.

We have registered our daughter in the Quebec public school system using my ex's Quebec address, but I am concerned about the quality of healthcare on the Gatineau side vs. the Ottawa side.

Would I be falling afoul of rules, laws, etc. if I were to use my Ottawa address to maintain my daughter's Ontario health insurance if she is registered in the Quebec school system, with a Gatineau address?

Thanks very much in advance for any advice or info you can offer - i realize this may be a question for a lawyer but have a tremendous amount of respect for the collective knowledge available on this forum.

SGDad
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Old 09-24-2020, 10:22 AM
rockscan rockscan is offline
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Yes its called insurance fraud.
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Old 09-25-2020, 10:45 AM
pinkHouses pinkHouses is online now
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I would not go so far as to say it is insurance fraud, because your child already has insurance in Ontario, also lives in Ontario and has an Ontario address.

Your child may be eligible for benefits from both provinces until a certain age.

So that being said you may or may not have opened a small can of worms.
How well you and your ex get along will determine how easy this is to figure out.

You can start by looking up the requirements for the school board in Quebec and asking them about a future child you would like to register in a Quebec school in your situation. Then do something similar for Ontario but with the health insurance. Instead of assuming know for sure and be tactful about getting them to put in in writing.
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Old 09-25-2020, 11:51 AM
rockscan rockscan is offline
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I would start with the provincial health systems and see how they manage interprovincial child custody cases. It may be a situation where your child can keep their Ontario benefits but has to pay if seen in Quebec.

I have a friend who moved from Quebec to Ontario and while waiting on their Ontario card saw a doctor in Quebec and was then investigated for fraud by Ontario. They had to go through months of back and forth with both health organizations to sort it out because the wait for an Ontario card was so long.
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Old 09-29-2020, 10:03 AM
SGDad SGDad is offline
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Default Thank you!

Thank you very much rockscan and pinkHouses for your replies. I will tread very carefully here because I do sense the potential for big problems. My ex and I have cordial days and downright hostile days (of course, I’m always the one that creates the hostility) but right now it’s good. After exhausting our savings with years of lawyer’s fees and case conferences, we tried mediation a few years back: my ex asked that their address be the “primary address” for our 50-50 joint access/custody child for school, healthcare, etc. purposes. Of course I got legal advice that urged me strongly to resist, so I did. Now we are in separate provinces (only a 10-minute drive between both households however), it is a somewhat unfinished bit of business.

Thanks again to both of you.
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Old 10-01-2020, 04:47 PM
Gilligan Gilligan is offline
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I wouldn't be so quick to call this insurance fraud. I run into this often and have had to deal with private insurance companies who I'm really surprised as to how they see it.

If you are in a 50/50 custodial agreement, you are both custodial parents. You have the right to register your child for education in either province because you both have the authority to do so. I think the same applies to heathcare.

Don't take my advice, but call both provincial health-care systems and get the legal answer you are looking fore.

This would be different if you were not a custodial parent.

Good luck and hope that helps.
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Old 10-01-2020, 04:49 PM
Gilligan Gilligan is offline
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Quote:
Originally Posted by SGDad View Post
Of course I got legal advice that urged me strongly to resist, so I did.
Likely this was wise advice, and you both may have benefit from this, as would your child. I find the "primary residence" pure non-sense and all about control.
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Old 10-02-2020, 05:58 PM
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Tayken Tayken is offline
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Quote:
Originally Posted by Gilligan View Post
Likely this was wise advice, and you both may have benefit from this, as would your child. I find the "primary residence" pure non-sense and all about control.
It is indeed nonsense and if you search CanLII and my threads you will find lots from Justice Pazaratz.

Here is an example.

https://www.canlii.org/en/on/onsc/do...6onsc5621.html
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