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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 09-03-2008, 08:56 PM
roxy3978 roxy3978 is offline
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Default Mobility out of province

I have been seperated from my ex for over a year now. The two kids are in my custody and have been since the seperation. There was a night where he was physically abusive and I left because of that. Thankfully the two kids (preschool) were at my parents at the time. I was in a shelter with the kids for about a week after (until he was arrested...yes, I pressed charges) and then I stumbled on with our lives. The criminal trial is finally in 2 days. I want desperately to move on with my life, and have met a wonderful man whom I want to start a full time relationship with. The only problem is, I live in Ontario, and he is in the Yukon. We want to move half way...maybe Calgary, as I also have a 12 year old and her father lives there. So far the courts have been reluctant to let me move even 200 km away (the ex doesn't drive or have a licsence) Will the guilty verdict in the crimial court have any bearing on my family court mobility motion ?
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Old 09-03-2008, 10:14 PM
roxy3978 roxy3978 is offline
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Can anyone out there offer any advice? If someone has had a similar experience, please let me know.
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Old 09-04-2008, 08:19 AM
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My ex was jailed for stalking or as they call it in Canada, Criminal Harassment, and attempting to have me killed. He was still entitled to visitation, as awful as that sounds.
The courts ruled that he did not cease to be the father; he only made some poor choices that he was paying for.

If the courts have denied your move previously I think that they may continue on the same road. I hope for your sake that they see that having children visit a parent in jail is traumatizing, mine did not see it the way the courts did, they really were uncomfortable with this arrangement. I had far too many questions from them that I just couldn't answer honestly. To do so would have been seen as me turning the children against their father if I mentioned any of the bad things he did. It took alot, but ultimately the children started to see the bad in him all on their own. At 12 years old my son initiated to have his own lawyer, and then visitation stopped to be only initiated directly from their requests, in any manner that they saw fit. He was not allowed to contact them directly, unfortunate as that was, I still feel that they would have gained a lot from his love, but he chose to ignore them and concentrate on his hate and desire for control over me. I hope your situation turns out in a way that you may move on and have someone that loves you and makes you happy. A happy mom IS good for the children.
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Old 09-04-2008, 10:16 AM
bushboar bushboar is offline
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If you go to CanLII, you can search for relevant case law with respect to mobility. One case you may want to check out is a recent case from Ontario called Sparks v. Johnston, 2007 ONCJ 158.
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Old 09-05-2008, 08:11 PM
roxy3978 roxy3978 is offline
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Just had a trial today in criminal court--it was domestic violence and attempted sexual assault. Another delay...turns out the defense wants my hospital and dental records. I have a resulting condition from the domestic assault called TMJ and they want proof of it. I have the proof, but the next court date available is Jan 2009. I really wanted to move more quickly on the mobility motion.....any ideas out there?
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