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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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Old 08-08-2006, 11:07 PM
dbwahoo dbwahoo is offline
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Default Child Custody

My ex and I were common law for approx. 8 years. We have been apart now for approx. 8 years also. We had a child together and split up when she was 7 yrs old. Not long after we split I, her mother, left Canada to live in the US. I felt at the time that it was in her best interest to stay in a Canadian school. Her father has full custody. During this summer my almost 14 1/2 yr old daughter has expressed that she would like to live with me now. I am wondering just how much trouble this is going to be regarding legally and how much her decision weighs in the courts eyes. Her father and I are both well equipped to take care of her in every way and we are both very good parents. I realize there are alot of variables that need to be considered but I am not sure where to start and where I may stand seeing that we are in different countries. ANY advice would be greatly appreciated.

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Old 08-09-2006, 09:29 AM
logicalvelocity logicalvelocity is offline
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dbwahoo,

welcome to the forum,

Quote:
During this summer my almost 14 1/2 yr old daughter has expressed that she would like to live with me now. I am wondering just how much trouble this is going to be regarding legally and how much her decision weighs in the courts eyes. Her father and I are both well equipped to take care of her in every way and we are both very good parents.
The court proceeding will be where the child lives. Before you could vary the current custody regime, the onus is on you to prove a material change of circumstances that a proposed move would be in the child's best interest.

It would depend on the Judge if they accepted the views of the child. Some Judges would consider some would not.

However, keep in mind that a child can withdraw from parental control at the age of 16 in Ontario. With that said, it goes to suggest that your child is able to decide where she wants to live at that age. At age 16, you would not even have to attend court to have your child move.

If you proceed with the matter in court, it may take you many months anyways and a significant amount of money could be spent litigating. Have you spoken to your former spouse in regards to this issue? Perhaps you may get their consent for the move now.


lv
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