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Moving with no custody agreement Canadian-momma 1 child; Ontario 134 posts
4th Nov '12

I was wondering if i could get in any legal trouble if i moved out of province with my son? There is no legal custody agreement between my ex and i. I have been the sole caregiver since he was born.

Mrs cree Due November 23; 33 kids; Ontario 1907 posts
4th Nov '12

I don't think so its not like the U.S.

MommyingWithGrace Beverly Hills, California 2427 posts
4th Nov '12

I am not from Canada, but if it were the US then the answer would be no. You can do whatever you want unless it was put in a court order that you must live within a certain number of miles. I would think Canada would be the same?

Good Queen Bess 2 kids; Ontario 46839 posts
4th Nov '12

Yup.



If he files for custody/visitation before you gain residency in your new province, you could be forced back to Ontario with the child.



Worst case, you could lose custody all together.



Ontario is a very pro-equal rights for parents province.

Canadian-momma 1 child; Ontario 134 posts
4th Nov '12
Quoting speaktruth2powr:" Yup. If he files for custody/visitation before you gain residency in your new province, you could be ... [snip!] ... with the child. Worst case, you could lose custody all together. Ontario is a very pro-equal rights for parents province."


What if i gained residency before he applied though? Or if he gave me custody?
I plan on talking to legal counselor this week but just wanted to get some ideas first.

Good Queen Bess 2 kids; Ontario 46839 posts
4th Nov '12
Quoting Canadian-momma:" What if i gained residency before he applied though? Or if he gave me custody? I plan on talking to legal counselor this week but just wanted to get some ideas first."


Your best bet is to establish custody prior to you leaving, that way there will be things set up for visitation and child support.



You will have to prove that leaving the province will benefit the child.

G-Gina 2 kids; Halifax, Nova Scotia 17 posts
4th Nov '12
Quoting speaktruth2powr:" Your best bet is to establish custody prior to you leaving, that way there will be things set up for ... [snip!] ... be things set up for visitation and child support. You will have to prove that leaving the province will benefit the child."

If you apply for sole custody I doubt that you would get it though? Has anyone else ever tried? If you take your ex to court he will probably try to make things difficult and ask for you not to be able to leave... I was told by a lawyer that if there is no custody order and you weren't married then you can move.... was this not correct?

Good Queen Bess 2 kids; Ontario 46839 posts
4th Nov '12
Quoting G-Gina:" If you apply for sole custody I doubt that you would get it though? Has anyone else ever tried? If you ... [snip!] ... I was told by a lawyer that if there is no custody order and you weren't married then you can move.... was this not correct?"


1. Sole custody is extremely difficult to get, as you need to prove the other parent is negligent or in some way unable to make healthy decisions about the child(ren). Most courts, in many states and provinces, award joint legal custody with one parent having primary residential.



2. He can ask, but she just needs to prove that she has been the primary custodian and that moving out of province would be best for the child.



3. Technically, you can move, but if he files for custody in your home province, you can be forced back there.

G-Gina 2 kids; Halifax, Nova Scotia 17 posts
4th Nov '12
Quoting speaktruth2powr:" 1. Sole custody is extremely difficult to get, as you need to prove the other parent is negligent or ... [snip!] ... the child. 3. Technically, you can move, but if he files for custody in your home province, you can be forced back there. "

Thanks for this... very interesting... Do you think the man can still get joint even if he wasn't there for the birth and has never seen the child? (His choice)

Good Queen Bess 2 kids; Ontario 46839 posts
4th Nov '12
Quoting G-Gina:" Thanks for this... very interesting... Do you think the man can still get joint even if he wasn't there for the birth and has never seen the child? (His choice) "


He would have to put up a fight, but it is possible.



My ex has joint custody of my daughter and he isn't even her biological father.

G-Gina 2 kids; Halifax, Nova Scotia 17 posts
4th Nov '12
Quoting speaktruth2powr:" He would have to put up a fight, but it is possible. My ex has joint custody of my daughter and he isn't even her biological father."


I hope he is at least a good father role model for her...

My ex took me for all my money then left... owes me about $14k in child support but I'm a little worried to take him to court because I don't want him to make my life or my son's/daughter's life hell. He's a total dead beat Dad. Earn's over $80k but says he can't pay child support... I now know why because he has 5 children... the secrets you learn after arg!!

Good Queen Bess 2 kids; Ontario 46839 posts
4th Nov '12
Quoting G-Gina:" I hope he is at least a good father role model for her... My ex took me for all my money then left... ... [snip!] ... over $80k but says he can't pay child support... I now know why because he has 5 children... the secrets you learn after arg!!"


Nope.



He hasn't had visitation with her in 3 years, hasn't paid child support in 5 years.



He is a complete and total deadbeat.

G-Gina 2 kids; Halifax, Nova Scotia 17 posts
4th Nov '12
Quoting speaktruth2powr:" Nope. He hasn't had visitation with her in 3 years, hasn't paid child support in 5 years. He is a complete and total deadbeat."

These men!!! What is wrong with them!!! I spent a lot of time wiht my ex's kids... so much so that everyone thought that they were mine too! I miss them and if I could see them I would... I know they miss us too but its best all round that I don't try to see them, I just don't understand how men can detach themselves.... My son has never had a father in his life and he is a well grounded young man... I have taught him that nothing is more important than your children... The last thing I want is him to turn out like his father....

Good Queen Bess 2 kids; Ontario 46839 posts
4th Nov '12
Quoting G-Gina:" These men!!! What is wrong with them!!! I spent a lot of time wiht my ex's kids... so much so that everyone ... [snip!] ... taught him that nothing is more important than your children... The last thing I want is him to turn out like his father...."


I'm really lucky. I married a man who is wonderful with my daughter. She calls him "dad" and he has been an active part of her life for 10 years.

G-Gina 2 kids; Halifax, Nova Scotia 17 posts
4th Nov '12
Quoting speaktruth2powr:" I'm really lucky. I married a man who is wonderful with my daughter. She calls him "dad" and he has been an active part of her life for 10 years."


I love happy endings :O)
My happy ending would be... me my two kids and having someone to clean the house lol.... There's a tool for everything else... dishwasher for dishes... Sat Nav for directions.... lol