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Joint to sole custody

Posted in Children, Location, London, Ontario by Questions on May 8, 2014

My ex and I have been divorced for 6yrs, in the past year he has stopped seeing, or even contacting our daughter. Also he has lost his job due to alcoholism. I would like to change our agreement from joint to sole custody, problem being I don’t know where he lives or his number anymore.

1 Expert Comment

  1. On May 8, 2014 at 9:30 am
    A Family Lawyer said:

    The agreement is not enforceable by the court. You need to commence fresh court proceedings. To start the case, you need to personally serve the father of the daughter. If you cannot personally serve the documents because you are unable to locate the father, then you may apply to the court to obtain an order permitting you to serve by way of alternate or substitution service. To obtain this relief, you must show the court that you have made diligent efforts to attempt to locate him and are unable to effect personal service. You would complete an Affidavit as to the last known whereabouts of this father any information of his whereabouts. You would then be granted an order permitting substutional service of the court application by way of taking steps to bring the application to his attention through means that are reasonably plausible the notice of court application would come to his attention. The possible methods of substitutional service are that you may serve a contact or relative of his, or you may take out a newspaper article.

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