Check out some similar questions!

ninagalina · Apr 23, 2012, 10:08 AM

I live in Stoney Creek, Ontario and would like to move to neighbouring city of Toronto, Ontario. I currently have sole custody of my two little girls with no stipulations on me moving in our final court order/agreement. The only stipulation is in regards to international travels. Father currently sees the children once per week without overnight visits.
Visitations would not be affected since it's 35-40 minutes away.
Can I move without his permission, but only notice that I am moving.?

Fr_Chuck · Apr 23, 2012, 10:18 AM

From what you have said in your post, since there are no requirements, yes
Give him notice, if he has issues of believes there is court action at that time, he can do it.
** have you also just talked to him about it

AK lawyer · Apr 23, 2012, 10:38 AM

Originally Posted by ninagalina

... Father currently sees the children once per week without overnight visits. ...

Would the move make those visits more difficult or expensive for him?

ninagalina · Apr 23, 2012, 11:09 AM

I did and his reply was: "Over my dead body!"
Latest court order states that he can't take me to court unless he pays all the money owed to the court and lawyer.

JudyKayTee · Apr 23, 2012, 11:30 AM

Originally Posted by ninagalina

I did and his reply was: "Over my dead body!"
Latest court order states that he can't take me to court unless he pays all the money owed to the court and lawyer.

Would I do anything without a consultation with an attorney who specializes? No.

Does it appear you can move - yes.

ninagalina · Apr 23, 2012, 11:37 AM

Thank you

cdad · Apr 23, 2012, 11:53 AM

Originally Posted by ninagalina

I did and his reply was: "Over my dead body!"
Latest court order states that he can't take me to court unless he pays all the money owed to the court and lawyer.

That is a very odd order considering that they are taking away his primary rights to representation in front of the courts. Its basically making him a non citizen.

Who wrote that order ?

JudyKayTee · Apr 23, 2012, 12:18 PM

I've seen NY refuse to hear a matter when there are Court costs and fees involved. I wonder if this is the case.

How far apart are where you are moving in Stony Creek and Toronto, where you live now? I thought Stony Creek was sort-of a suburb.

I worked in Toronto for a period and used to know the area well - "used to" is the important phrase here.

Canadian law is so different from US law that I hestitate to venture an opinion but Canadian attorneys are more likely (in my experience) to give a free phone (or in person) consult that US Attorneys.

I'm also wondering - what if YOU go to Court to get an Order allowing you to move? It takes his dead body out of the equation and he's not bringing the Motion.

AK lawyer · Apr 23, 2012, 12:33 PM

Originally Posted by califdadof3

...
Who wrote that order ?

Some judge in Ontario, Canada? Constitutional rights are probably a bit different up there.

ninagalina · Apr 23, 2012, 12:34 PM

Thank you for all your help... the reason for judge granting me this "unusual order" is because last 3 visits to the court room he wasted everybodies time and money by stalling and judge got quite upset with him and ordered him to pay a fine in amount that he is not willing to pay and put a clause, if you wish, for him not to put any motion forth unless his balance is zero sort -of speak.
Yes, Toronto is sort-of suburb and not that far. I do have a lawyer, but he hasn't answered any of my phonecalls, weather his busy or not. I just wanted to get feel of what to expect. I am still trying to get in touch with him... however, no advices are free here. Not yet and if there are any, I don't know of them.

JudyKayTee · Apr 23, 2012, 01:16 PM

The "free advice" is probably just a rumor, then. I know it's difficult to find "free" advice in my area of the US; Ontario must now be the same.