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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 10-01-2020, 10:08 AM
goblue goblue is offline
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Default Ex wants to move with child. We have 50/50 access.

Hello,

I'm going to share my current situation, and seeking advice and or a wake up call. I was with a woman for a few years, never married. We have a 3 year old daughter together. We split in May 2019. Since then, without a written agreement, we have split access and decision making 50/50. A month ago she got engaged to someone new. Two weeks ago, she tells me she plans to move an hour away but will still commute as hour daughter is in daycare where we live. I asked what happens next year when she starts school? She says she's not prepared to discuss that. One week later I get a letter from her lawyer outlining terms of a new agreement, whereby the daughter moves with her 2.5 hours away and that I have access to her every other weekend, forcing me to meet her half way to get her.

This week, both her and her fiance's house went up for sale. I retained a lawyer. , and will be filing a temporary, non-prejudiced order that says my daughter must maintain residence in Massey until a final order is made. I will be fighting to not lose any current access I have, and willing to keep her full time if I have to. I'm a present and caring parent. They are moving, I believe, solely because the fiance is from this other town and has another job lined up.

I guess I'm posting this to see if people here think I'm on the right track, and what do they think the chances are of a judge allowing her to leave town with my daughter?
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  #2  
Old 10-01-2020, 10:32 AM
Kinso Kinso is offline
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Preventing relocation on an interim basis is the right move. Given that you have a shared custodial arrangement, you have a strong chance of success.

See Cox and Cox v. Darling, 2008 ONCJ at paragraph 13 (http://canlii.ca/t/1vxgx)

Relocating the child on an interim basis should be avoided where possible. This is because disruption now only to be reversed again at trial would be difficult for the child.
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Old 10-01-2020, 11:00 AM
rockscan rockscan is offline
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You are doing the right thing. She can move but your daughter stays where you are unless you agree.

The best thing you did was get a lawyer and file a motion. Good luck to you!
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Old 10-01-2020, 11:10 AM
LovingDad1234 LovingDad1234 is offline
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You have strong chances and argument. She chose to pick up and move, not you. If anything, she can have EOW.

I especially like how she lawyered up and tried to strong-arm you in hopes you turtle and scare away.

Last edited by LovingDad1234; 10-01-2020 at 11:46 AM.
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Old 10-01-2020, 11:15 AM
Stillbreathing Stillbreathing is offline
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Good for you. You are doing the right thing. You could ask for custody of your child and that your ex sees her every second weekend if she insists on moving. Plus if she is the one moving she could be responsible for 100% of the drive to the drop off and pick up. When I first split with my ex he moved 2 hours away and the judge wouldn’t even consider his request that I meet him and his supervisor half way! He had to make the full trip back and forth to our city each and every time he exercised his supervised access with the person supervising him. Your matter would qualify as an urgent motion in these Covid times. How decent of you to fight for your children’s rights to have you in their lives as much as possible!
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Old 10-01-2020, 11:49 AM
goblue goblue is offline
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Very thankful for all the feedback! I'll continue on the path I'm on.
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Old 10-01-2020, 09:17 PM
pinkHouses pinkHouses is offline
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So, after all that positive talk. Beware and tread lightly.
Her lawyer obviously knows what they did is not going to work but it sounds like the staging of a much larger and dirty legal fight.
Your lawyer may like that and go along with some big fight.

If you have records that show that you had 50/50 but often changed up the schedule with irregular visits / access that will help.
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Old 10-01-2020, 10:55 PM
goblue goblue is offline
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pinkHouses, you're right, I'm positive once I file this order it will get dirty. The fact that she would even try this and think there's a possibility I would accept it is what scares me. She's the type of person that thinks she should get her way. I am very encouraged by the other responses, here, however.
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Old 10-02-2020, 07:46 AM
Gilligan Gilligan is offline
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I would add... be a model parent and be very careful with your communication with your ex. Minimize anything and expect anything you say to be twisted by her lawyer trying to discredit you.

I had a somewhat similar situation, but it was without notice in order to change the status quo. You have a strong establish status quo and you should do your best to document the STABLE and LONG STANDING STATUS QUO. Things will get ugly if your ex doesn't get her way, so expect a dirty fight. Don't give her any ammunition
to shoot you with. Good luck!
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Old 10-02-2020, 09:14 AM
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Tayken Tayken is offline
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Quote:
Originally Posted by Kinso View Post
Preventing relocation on an interim basis is the right move. Given that you have a shared custodial arrangement, you have a strong chance of success.

See Cox and Cox v. Darling, 2008 ONCJ at paragraph 13 (http://canlii.ca/t/1vxgx)

Relocating the child on an interim basis should be avoided where possible. This is because disruption now only to be reversed again at trial would be difficult for the child.
I agree.

There are a few complex elements to this case though regarding the current jurisdictional location of the child. Massey Ontario is an isolated community. Significantly isolated.

2.5 hour from Massey is Sault Ste. Marie. 1.5 hour from Massey is Sudbury.

Employment in Massey and a lot of the arguments to support a move to a larger centre to support the "best interests" requirements under Gortz can be easily argued when you focus on Massey, ON.

There are just better opportunities for this child all round in the Soo or Sudbury in general. The justice hearing this matter will know that. That will play against the position you present. School has not been established.

The length of the relationship the other parent has had with their "new" partner will also matter and the state of that relationship. So focus on the Parent's employment (will they be employed) and their personal stability in the absence of the new partner matters. It matters because if it is a new relationship with no hardened track record of stability this works against them. Many relationships brake up and to move a child for a fleeting relationship is not something many judges will do.

Is the child with status? Meaning is either parent a Native Canadian? The reason I ask is that in Massey that matters and there is a strong Native population and this throws another layer of complexity. Depending on the band pressure can be applied through the Band Counsel on a parent. Its a very complex dynamic.

I would recommend that the OP (original poster) be prepared with a plan to move to where the child is should the other parent be permitted to move with the child. This matter is not a "slam dunk" (or "basket motion") due to a number of complex issues.

It is not like this child is being moved from say Peel/Durham or Toronto to Massey, ON... They are moving from Massey, ON potentially if I am reading this correctly. To a community (I suspect Soo based on the distances provided) that has 20x the support services for mother and child. Child care, medical services, employment opportunities, etc... are SIGNIFICANTLY different than in Massey, ON. Northern Ontario is NOTHING like Southern Ontario when it comes to service availability etc...

Applying "Southern Ontario" advice in this matter may seem like it fits but... It doesn't. Commute times that are only 30 minutes could turn quickly into a "no pass" situation from weather between Oct to April!

Proceed with a motion immediately. Hopefully it is heard in the Sudbury Superior Court. (I think that is the closest one.) There are good justices in that district that will be able to weave through the complexities of this matter.

I hope you have a very good lawyer. This is a very complex matter.
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