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Parenting Issues This forum is for discussing any of the parenting issues involved in your divorce, including parenting of step-children.

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Old 06-29-2007, 02:32 PM
alwaysfrustrated alwaysfrustrated is offline
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Default Can she legally move?

My ex-wife's new husband applied for a new job and then she told me that she was moving 3 hours away. We have joint custody. She said that there was nothing i could about it. I'm in Ontario. Anyone familiar with these laws?
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Old 06-30-2007, 08:27 AM
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FL_Needs_To_Change FL_Needs_To_Change is offline
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Yes!
There is everything you can do.
You can file an emergency motion to stay her move, or (big or) have the children legally ordered to move in with you and havd the access arrangement and custody arrangement changed in your favour. I am not a lawyer but I do know you can stop the move, and if she insists on moving anyway for her or her new husbands benefit, (and let me tell you, that although there are benefits to the kids for her to gain new employment they weigh their relationship with both parents heavier, and have ruled against moves for employment reasons) the courts have ordered custody to the parent not moving. But you have to get on it fast.
If you allow her to move and time to pass the courts view this as your aggreement to the terms of the move and all it intails.
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Old 07-03-2007, 08:45 AM
logicalvelocity logicalvelocity is offline
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alwaysfrustrated,

The individual can move. This right is guaranteed by the Charter of rights and freedoms.

However, when it comes to taking the child, such move would create a material change of circumstance for said child and as such if the move is contested, the court would have to re-apply the best interest test in a custody adjudication of said child.

read the leading SCC case on mobility of children.

Gordon v. Goertz

http://scc.lexum.umontreal.ca/en/199...96rcs2-27.html


lv
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Old 08-03-2007, 09:33 AM
tombiosis tombiosis is offline
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Always frustrated,
I would be very interested to hear how your situation turned out. I went through a similar scenario, so I am really curious. I'm not sure if you are still actively using this forum, but if you are, please give us an update...
Thanks
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Old 08-12-2007, 06:32 PM
workingthruit workingthruit is offline
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Default Sorry for not seeing this one sooner

Definitely you can stop her.

The same thing kind of happened to me (different circumstances) but she tried to move without consent, and that was before the case conference and custody had been decided.

I'd strongly recommend a lawyer on this one, because as others have noted time is of the essence and they just know how to manouver the system better.
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