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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 06-21-2020, 12:42 PM
boyo boyo is offline
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Post Changing Legal Physical Custody w/out lawyers, fees, etc

Hi all = apologies if this has been asked/answered before.

In separation/divorce agreement, ex has physical custody of son and daughter but 14yr old son wants to move from MTL, Quebec to Ottawa to live w/ me permanently next week. My ex & I agree w/ this and do not want to hire lawyers, etc, etc.

We will be filling out FRO form to stop child support payments as I will cover son's costs and she will cover daughter's, altho of course we will both be helping both kids in whatever possible way.

Are there legal forms that need to be filled out so I now have legal physical custody of son, to obtain OHIP card, registering for school, claiming as dependent for tax purposes, etc? if so, where would I get these?

Or do we simply write up an agreement between us, both sign and bob's your uncle? if so, are there sample letters I can obtain so we both sign then it is considered legal for purposes I outlined above?

Any help/insight is gratefully appreciated.
thanks!
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Old 06-22-2020, 09:33 AM
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Tayken Tayken is offline
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Bob is your Uncle.

If you have agreement you can write it all up yourself. Agreements are usually only needed for other people in situations like this... Like schools, doctors, and FRO.

You should have a lawyer explain everything and witness your signature. There are some gotchas that may make it easier for doctors, schools and FRO that a lawyer can help refine as well.
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Old 06-22-2020, 09:46 AM
Kinso Kinso is offline
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Since there is an order of the court that should be changed. Filling out FRO forms isn't sufficient. Filling out FRO forms just means they won't enforce the order, not that it ceases to have legal effect.

Also separation agreements can't trump orders of the court. Agreements alone work for people who never went to court, but that isn't you.
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Old 06-22-2020, 01:02 PM
boyo boyo is offline
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Forgot to wish y'all happy father's day yesterday before my post!

Thanks Kinso & Tayken! Seems you've both presented opposite view points; hence my conundrum! Law, I thought it was clear cut, but fat chance there!

Ex and I are both in agreement to this so I hope someone may have a more definitive answer.

Again, much appreciated to all for their insight and guidance
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Old 06-22-2020, 01:21 PM
Kinso Kinso is offline
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Btw ignoring the court order and withdrawal from FRO can work functionally. But if your ex and you ever become less amicable (or someone takes charge of her estate), it could be problematic down the road.
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Old 06-22-2020, 02:22 PM
rockscan rockscan is offline
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If you are both amicable and both able to reach an agreement on expenses, put together an agreement and file it on consent. You need to consider a number of future things though like child benefits, equivalent to spouse tax filing, how future s7 will be covered, how off set support may come up (if one of you lose your job) and how school expenses will be split.

When big dollars come into play people stop being amicable and previous agreements are moot. While you are both happily working together it is best to get everything set and agreed to!!
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Old 06-22-2020, 03:35 PM
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Quote:
Originally Posted by Kinso View Post
Btw ignoring the court order and withdrawal from FRO can work functionally. But if your ex and you ever become less amicable (or someone takes charge of her estate), it could be problematic down the road.
What about just taking it to an arbitrator to endorse?
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Old 06-22-2020, 07:38 PM
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Interesting suggestion, but seems more expensive than a consented court order, done by a lawyer.
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Old 06-23-2020, 09:03 AM
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Originally Posted by Kinso View Post
Interesting suggestion, but seems more expensive than a consented court order, done by a lawyer.
Basket motions are actually easy if you have a lawyer submit it and it is clean. Challenge is that people always put in all this nonsense that can't be in an order and the lawyer has to explain all that. Time = money.
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