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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 01-21-2021, 01:46 PM
DantebeaR DantebeaR is offline
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Default Case Law Surrounding Living Radius Wording

Currently the Order I have states that I "cannot move further than 100 km from" my town. That is it. I would like to move to Ottawa which is 150 km away. Ex won't allow that at all. Is there any case law or other documentation that I can use that says if I transport the child to the 100km mark then I can live outside of the set radius?

I've offered everything to my ex including the option of me splitting the responsibility of travel and even giving an additional weekend every other month for the extra 50 km which they still wont agree to. I'm trying to stay out of the court room so I am wondering if I have any options available to me?
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Old 01-21-2021, 03:10 PM
rockscan rockscan is offline
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Search it on canlii.


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Old 01-21-2021, 03:21 PM
StillPaying StillPaying is offline
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Quote:
Originally Posted by DantebeaR View Post
I'm trying to stay out of the court room so I am wondering if I have any options available to me?
You have a court order. Unless your ex agrees, court is your only option. But why would ex agree to change a 19 min commute to over 1.5 hours. Would you be ok switching custody and becoming eow?

There's no sneaking around it and driving child to the 100km mark while still living 150kms away.

Describe life as is vs life 150kms away. Is there an exceptional difference because it will definitely affect the child/parent relationship.
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Old 01-21-2021, 06:10 PM
Alpinist Alpinist is offline
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Not sure how old your children or what kind of custody arrangement/split you have but it would be pretty hard to maintain an even share of time with children or be able to bring them to school if you were living 150 km's away. What kind of schedule are you looking at having with the kids? What age are they? I could see possibly every other weekend visitation at that distance?
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Old 01-21-2021, 06:57 PM
standing on the sidelines standing on the sidelines is offline
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in a previous post you said that you have already moved to Ottawa.
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Old 01-22-2021, 02:01 AM
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Tayken Tayken is offline
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Quote:
Originally Posted by DantebeaR View Post
Currently the Order I have states that I "cannot move further than 100 km from" my town. That is it. I would like to move to Ottawa which is 150 km away. Ex won't allow that at all. Is there any case law or other documentation that I can use that says if I transport the child to the 100km mark then I can live outside of the set radius?

I've offered everything to my ex including the option of me splitting the responsibility of travel and even giving an additional weekend every other month for the extra 50 km which they still wont agree to. I'm trying to stay out of the court room so I am wondering if I have any options available to me?
You have options that are NOT going to require a court order:

1. You can move to a city close that is within the 100KM radius. 50-60km commute is not really that bad. (Scarborough to Mississauga is roughly 50km and LOTS of people commute that distance for work every day!)

2. You can make an offer to settle and make significant compromises such as:

a. Child resides primarily with the other parent for the entire summer.
b. Child resides with the parent for every holiday and March break.
c. That child support will be calculated on the offset if you provide a & b and it works out to 60-40 residency with the other parent.
d. You could reduce child support significantly.

Compromise is what you will have to do to settle this matter out of court.

Otherwise you have to go to court and you will have to demonstrate a "material change in circumstance" in line with Gortez mobility rules. The best interests of the child prevails in mobility issues and the courts have gotten real sticky with mobility issues these days. To do anything in court you will need a VERY skilled lawyer. One that has experience with mobility cases.

You are looking at $$$ if you go to court. As well, with mobility cases you won't get your costs. They are the most complex and judges rarely award costs in any significance for mobility issues.


2.
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Old 01-22-2021, 11:07 AM
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Janus Janus is offline
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Quote:
Originally Posted by DantebeaR View Post
I'm trying to stay out of the court room so I am wondering if I have any options available to me?
Quote:
Ex won't allow that at all. Is there any case law or other documentation that I can use that says if I transport the child to the 100km mark then I can live outside of the set radius?
Generally, there are two methods to get your way:

1) Come to an agreement
2) Go to court and force the issue

If ex won't do (1), then you have to go for (2).

Mobility cases are tough, it is hard to come to an agreement because there are very few compromises possible.

I like Tayken's idea of moving 90km away, and then you commuting the rest of the way to work. Seems like a winning plan, not the least because you get to avoid court.
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