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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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  #11  
Old 10-02-2020, 09:20 AM
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Tayken Tayken is offline
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Here are some relevant links to read:

https://www.ottawadivorce.com/forum/...ad.php?t=21749

https://www.ottawadivorce.com/forum/...ad.php?t=21690

https://www.ottawadivorce.com/forum/...ad.php?t=20734

https://www.ottawadivorce.com/forum/...ad.php?t=20398

https://www.ottawadivorce.com/forum/...ad.php?t=12010

https://www.ottawadivorce.com/forum/...ad.php?t=14033

If you search my main thread postings you will possibly find more about "mobility". I focus a significant amount of time researching mobility and parental child abduction.
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  #12  
Old 10-02-2020, 09:30 AM
goblue goblue is offline
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lol I didn't realize I posted the location. Scared me for a second. Yeah, I spend most weekends in the Soo as that's where my family is from and my daughter comes with me. It's more of a 2 hour drive. Sudbury is 1 hr away and we go there often for medical and other needs. The proposed move is to North Bay, which is the opposite direction of my family.

Both the mother and her fiance already have current full time employment (the mother in Massey, the fiance in Sudbury), but are, I believe, moving solely based on the fiance getting a job in his hometown.
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  #13  
Old 10-02-2020, 05:41 PM
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Tayken Tayken is offline
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lol I didn't realize I posted the location. Scared me for a second. Yeah, I spend most weekends in the Soo as that's where my family is from and my daughter comes with me. It's more of a 2 hour drive. Sudbury is 1 hr away and we go there often for medical and other needs. The proposed move is to North Bay, which is the opposite direction of my family.
That works better for you. North Bay suffers similar challenges as Massey. Opportunities are low in North Bay and driving to Sudbury for employment daily is not do-able.

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Originally Posted by goblue View Post
Both the mother and her fiance already have current full time employment (the mother in Massey, the fiance in Sudbury), but are, I believe, moving solely based on the fiance getting a job in his hometown.
Oh I hope that they present that as evidence. A judge will have a FIELD DAY with that. Structure, stability and the ability to support the child is KEY. Basically they are gambling with the child's residence on a city that has very (if any real) opportunities.

Most of the cases I have seen involving mobility that have successful moves are for major career opportunities that are established for the moving parent. The "i want to move because my partner is going there" doesn't usually hold much water.

Again. Have a good lawyer. They will crush oral arguments on this one as the moving parent will have to disclose all this evidence. Chances are improving for you.
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  #14  
Old 10-03-2020, 11:12 AM
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Again. Have a good lawyer. They will crush oral arguments on this one as the moving parent will have to disclose all this evidence. Chances are improving for you.
What are signs of a good lawyer? I haven't been happy with lack of communication or sense of urgency, or strategy (I've suggested everything), so far. But I lack experience in this and don't what's commonplace. I was considering making a switch after the first application, but I'm unsure.
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  #15  
Old 10-03-2020, 11:18 AM
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Quote:
What are signs of a good lawyer? I haven't been happy with lack of communication or sense of urgency, or strategy (I've suggested everything), so far. But I lack experience in this and don't what's commonplace. I was considering making a switch after the first application, but I'm unsure.
This is a tough question to answer. I am a family lawyer and even I find it difficult to give a summary of things to look for. Mainly because things such as how a client feels, or success rates are terrible barometers in this field. Facts are everything and a lawyer who has lost many cases may just be willing to advance tough files.

Sadly, many lawyers are terrible communicators (ironically), and will take days to get back to you. I'm not sure a 'sense of urgency' is a good thing. After all, I'd rather the surgeon dealing with my heart attack have an air of calm than panic.

You can pay for another lawyer to give a second opinion. Have them review your file and give some thoughts. It will cost a bit (1-2 hours maybe), but could provide peace of mind that your lawyer is on the right track. It may also alert you to major problems.

As a lawyer, I have no issue with a client of mind getting a second opinion. My actions and advice should stand up to scrutiny.

Last edited by Kinso; 10-03-2020 at 11:20 AM.
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  #16  
Old 10-03-2020, 09:15 PM
rockscan rockscan is offline
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Quote:
Originally Posted by goblue View Post
What are signs of a good lawyer? I haven't been happy with lack of communication or sense of urgency, or strategy (I've suggested everything), so far. But I lack experience in this and don't what's commonplace. I was considering making a switch after the first application, but I'm unsure.

This is normal as many people going through custody and divorce issues live and breathe their case daily. Your lawyer has many cases of various levels of urgency and court time. Throw in the delays due to COVID and it is a recipe for panic.

Take a deep breath. Has a motion been filed yet? Has your lawyer filed any paperwork or even a response? Then all you can do is wait. My husband went through the same terror over how slow things go and how he didnt hear from his lawyer. You dont pay your lawyer to hold your hand. Take a beat and remember the court system works slowly. As long as things are headed to a date there is not much you can do.


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  #17  
Old 10-05-2020, 09:06 AM
goblue goblue is offline
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Thanks for the responses, everyone.

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Take a deep breath. Has a motion been filed yet? Has your lawyer filed any paperwork or even a response? Then all you can do is wait.
No, nothing's been filed yet. I filled out the forms I was asked to do on Wednesday. On Friday, I asked my lawyer that while I wait for the application to be filed if I should at least be on record via email as opposing the change in my daughter's residency. I was told yes, so I sent an email.
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  #18  
Old 10-24-2020, 12:39 PM
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So October 5th was my last post, which feels like two months ago to me based on how slow things seem to move for me. Oct 7th I signed the application, but she wasn't served until October 16th. In that time her house sold. Under the presumption that she's planning on leaving for North Bay (since i have not been told otherwise), my lawyer sent off a letter asking if she will bring an interim mobility motion or just plans to leave with the child, at which point i would file the urgent motion of non removal.

We did get a response stating that in the interim she will move to sudbury (an hour away) and that my access wouldn't be affected. This would be in place until she gets consent or court order to move to North Bay. So this isn't ideal, but good news I suppose.

I'm new to this, but still laughed at this paragraph in the email:
"There is no reason that your client needs to bring an urgent motion at this time as we have advised our client that she will need his permission or a court order to finalize her move to North Bay. On a balance of probabilities, it would appear that when she secures employment in North Bay, and given the fact that she will have support of her partner’s family in North Bay as well as her family in Sudbury, it is likely that our proposal would be accepted by the court."

Based on this, I guess I should just hook up with someone and say I have them for support, lol.
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  #19  
Old 10-24-2020, 04:04 PM
tilt tilt is offline
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Your lawyer was ok with her moving the child to Sudbury? The winter drive to Massey is not very nice. It also means that if you have plans during your parenting time to visit your family in the Soo then the child will be in the car from Sudbury to the Soo, instead of just the one shorter trip from massey to the Soo.
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  #20  
Old 10-24-2020, 04:16 PM
goblue goblue is offline
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Quote:
Originally Posted by tilt View Post
Your lawyer was ok with her moving the child to Sudbury? The winter drive to Massey is not very nice. It also means that if you have plans during your parenting time to visit your family in the Soo then the child will be in the car from Sudbury to the Soo, instead of just the one shorter trip from massey to the Soo.
I received the response yesterday and yet to discuss with lawyer. It's definitely not ideal. My daughter goes to daycare in Massey so she would just leave with me after daycare for when we visit my family.
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