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Common Law Issues The law regarding common law relationships is different than in cases of divorce. Discuss the issues that affect unmarried couples here.

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Old 04-01-2009, 07:47 PM
boyo boyo is offline
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Default can Ex move out of province w/ kids

I just joined this forum and today is day 3 of our split. My ex has moved out of province. We're just at the beginning stages of divvying up all assets, etc.

My ex has stated that the kids will live w/ her; out of province. I'm free to visit as much as I want, but the geographic distance won't make it easy, on a frequent/regular basis.

My question is, is she permitted to just take the kids to another province? Do I have any recourse?

insight would be greatly appreciated.
thanks
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Old 04-01-2009, 07:57 PM
dovan dovan is offline
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If there is no court order stating that she has sole custody she could be putting herself in a position where she is not truly look out for the best interest of the child during court proceedings between you both. As parents of the children you both have custody of them until an order states otherwise. Did she leave the Province due to work related issues, to be closer to her own family or just because she wanted to move away? Also if she has moved to another Province with the children the court proceedings must be starting in the province and city that the children reside. That is another issue entirely that you will have to deal with.
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Old 04-01-2009, 08:06 PM
boyo boyo is offline
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she's on maternity leave. we went a vacation and she stayed w/ family. I'd go and visit every other wkend. Then just this wkend, boom, it happened.

I'm not going back home, I'm staying here, I'm starting a new life w/ the kids.

we have a house here and both kids were born here.

nothing has started yet. no court preceedings; we haven't even sat down to divvy up the assets
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Old 04-01-2009, 08:21 PM
boyo boyo is offline
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she's on maternity leave. we went on a vacation and when we got back she stayed w/ family. I'd go and visit every other wkend. Then just this wkend, boom, it happened.

she says... I'm not going back home, I'm staying here, I'm starting a new life w/ the kids.

we have a house here and both kids were born here in ontario

nothing has even started yet. no court preceedings; we haven't even sat down to divvy up the assetsfficeffice" />>>
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Old 04-02-2009, 07:37 AM
dovan dovan is offline
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It sounds like the two of you are still at the talking stage of things right now. She told you what her intentions were and you are looking for answers. You say your wife is on mat leave, she could be going through postpartum depression, here a link for you to few Depression During and After Pregnancy << Frequently Asked Questions << womenshealth.gov. I gather from your post that she is with her family, is that right?
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Old 04-02-2009, 04:44 PM
boyo boyo is offline
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no, we are not at the talking stage... it is def over.
she has told every single relative, it's on her facebook page, she spoke to her employer about relocating, etc etc

yes, she is w/ her family. i told her she's in a bubble right now... all she does is get up take care of kids, go on walks, eat lunch, etc... wait til she hasta go to work, pick up kids cook supper, etc

but in all honesty, I do believe it is over.

I'm a hot head. that's kinda what did it in for her. she got sick & tired of me exploding. But I too have told her numerous times throughout our marriage that I'm sick of her knuckleheaded ways of doing things, breaking dishes, by accident, clumsiness, annoying chatter, sloppiness, etc. It's def a two way street on the annoying things we do that the other person cant take.

I want to share custody of the kids, but she's two hours away. I don't want her to have sole custody and I end up paying. If anything, I want to split the costs. I believe that's the way it works when you share custody. I'll end up paying the difference between our salaries on the tables.
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