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Father’s rights

Posted in Children, Location, North York, Ontario by Questions on March 24, 2014

I’m a father of two. 11 year old girl and 4 year old boy. Seperated Jan 2013. Upon seperation I continued to spend time with both chiildren,(taking them to my mom’s throughout the week and weekends) paid her rent and paid for all expenses of both kids. In July I found a place of my own. At this time myself and my ex did an every other WEEK schedule. She would have them one week and me the next. I actually spent time with them on the week that wasn’t mine due to her work schedule. I would pick them up from daycare, bring them to my place, have dinner and bring them back to their mom. Jan 2014 she decided to serve me and asked for full custody and allowing me to see them 4 days per month. And has since this decided to move from her residence and move 100 kms away. Taking kids from school, friends, family and activities. I filed a motion with the court to have this stopped. Which the judge agreed and set a temp order that they stay until school is over. MY question is: I feel that the best interest of my kids is to be close to both parents, spend equal time with both parents and her moving 100kms isn’t what’s best. Will most judges agree with this? And with respect to custody, do I have a chance if I ask for shared custody. I want to parent my kids as I’ve done in the past and this isn’t able to be done when I see them 4 days per month.

1 Expert Comment

  1. On March 25, 2014 at 2:08 pm
    A Family Lawyer said:

    Mobility or relocation of children is an often debated and written about topic. There are some mobility cases where one parent has primary residence and the other has alternate weekends. In these cases courts would not typically look at the reasons for the move. The focus would be child centered and the proposed move would be granted if doing so does not disrupt the children’s relationship with the other parent. While other cases involve shared parenting. In such cases, the parent proposing to move needs to show that his/her a greater ability to care for the children if the move is permitted. The children would be missing out on a relationship with the other parent. Unless there are compelling reasons to permit the relocation it should not be permitted on an interim basis. To answer your question, yes you do have serious claims and you would almost need to claim shared custody.

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