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Mon 14 Nov, 2005 03:06 pm
Can anyone help me with this? I have never been married to my daughter's father. I moved out 2 yrs ago from a violent relationship. We have nothing in writing regarding custody. He lives 2 hrs away. She has been with me for 2 yrs now. He sees her 5 days a month. He is a very controlling man, the other day when we met to exchange her for the weekend he grabbed me by the throat and said to stop making his life misserable , he does not want to pay child support..etc.. I want to move to Ontario, Canada and start the process there for full custody ,hence, visitation rights for them and I will travel with her down to see him on scheduled visitations by the courts. etc.. My question, Can i legally take her from this province of Nova Scotia, Canada to Ontario , Canada without it being illegal. We have nothing in writing , he threatened to keep her from me and i called the police, they said since nothing is in writing t hat they won't even call him..and hung up on me. Can i leave this province with her and then start the legal process. I'm afraid if i start it here he will take her from me and it will drag on for many months or longer. If anyone has an answer, pls let me know.
sincerely,
single mom loves child, wanting better life!
Hi, scottish maiden.
Is your ex on your daughter's birth certificate?
You note that there is nothing in writing in regard to custody - is the visitation schedule in writing, or otherwise scheduled?
There was something in one of the Toronto papers recently about a similar case (except the move planned was from Toronto to New Brunswick). It seemed that Canadian judges weren't very supportive of parents moving children out of regular visitation range of the non-custodial parent. Have you contacted a local legal aid office to clarify what the implications would be of moving without setting out the arrangements?
child mobility
To answer your ? He is on the birth certificate and visitation rights now are only verbal as everything else. I have to seek advice, i did not think he would be this mean and controlling, well, yes, i should have known better. I try to justify his anger even now! Thanks for the response!
~J~
The police won't deal with the details of unwritten visitation rights, but when you were grabbed by the throat, you were assaulted and this is a crime.
Assult you can report--and get action on.
Hi scottish maiden, I don't know the legal information for Canada (I'm from the southland), but suspect that action is 9/10ths the law (i.e. if you just do it, and start the process, then it would take him as long to get you 'extradicted' as it would for you to get the process through that nixed his visitation rights.) But why not just ask a public official in your hometown --- not to start a process, but just what the law is about moving and then starting a process from another province?
Do you think there's no chance that he can just grow up about this? Also, can you live ok without childsupport?
My email is
[email protected], if you want an unknown but concerned person (guy) as a sounding board.
stay strong, j.
ScottishMaiden: Hello !. As a social worker,I see red lights of warning all over your posts. Can you and you daughter move in w/your family ? If not,check out the possibility of moving to a shelter for abused women,if there's one available in your area. It concerns me that your ex grabbed you by the throat. Noddy's right. That is assault,and you must report it immediately. Also,check into having a restraining warrant/order of protection sworn out
against him. That will put you on record as having voiced your fears and concerns about him,and if he violates the orders,he will be put in jail. Please don't fall for this @@@@'s threats. He's just wanting to scare you. Please consult legal aid about your rights. I'm sure Canadian law is similar to our U.S. laws
Good Luck
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