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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 10-23-2020, 02:52 PM
s.james1579 s.james1579 is offline
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Hello,

My wife recently (6 weeks or so) asked to separate and then began behaving badly. Not sure the details are necessary but she has been less than amicable and rather abusive to me.

We started mediation and did the individual one on one and then a group meeting. These made some but not a lot of progress.

She has decided to stop mediation.

She appears to be positioning to move my son to his old school. 1 hr and 20 min away from his family home and his current school. She works near the old school.

She has contacted the school and been advised that she can register him without my approval and move him to the old schools. She has not registered him, but they will contact me when and if she does.

She has contacted his old daycare, they do not have room. But they will contact both of us if room is opened up.

I had a lawyer, however, given this is ramp up more than expected he has stepped back as it will be more workload than they have hours for.

My wife has refused to confirm her lawyer's name. She has told me she had a lawyer and then did not have a lawyer. She has been very dishonest throughout this process and appears to be struggling with some mental health issues.

Questions:

In Manitoba,

1. What do I file and or how do I achieve primary residence for my son as his family home (where I am living)?

2. What do I need to do to stop her or prevent her from being able to move my son schools?

3. If she moves him without my consent does this reflect badly on her in the coming custody dispute?

4. How hard is it for me to move him back if she moves him without my consent?

5. With just a lease agreement can she file for primary residency/parent status for her new place or does it need to be set up and live in?

6. Any other advice of feedback would be great. My wife has been very aggressive and then very passives and rather erratic throughout the separation and I have mental health concerns that I hope to address at some point. However, my current focus is on making sure my son does not get moved without my consent.

Thank you for the time and feedback!
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  #2  
Old 10-24-2020, 09:56 AM
rockscan rockscan is offline
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Do a search of moving on the forum. This has happened to others.

Bottom line you need to file an emergency motion (but I dont know which one) to keep the child here.

Your ex can move, the child cannot.


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custody evaluation, moving schools, primary care, primary parent


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