Story Of A Father In Toronto
Are you a father living in Toronto? Are you thinking that you can take a child away from the mother? Does one parent have exclusive or shared custody of a child? Issues often occur when the parent chooses to move and bring the child with him or her. The other parent would typically not want a parent who already has custody to relocate to a faraway place. That would make regular visits difficult or impossible.
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Trusted Family and Trust Lawyer in Ontario
Your family needs expert advice from a lawyer. ClearWay Law has family lawyers available in Toronto. Call us toll-free at 1-844-466-6529. to be connected to a lawyer. Is the father living in Toronto and giving you issues? Reach out to us and we will find you the right lawyer. We are a legal database and have a number of lawyers available.
The Supreme Court in Canada has ruled that the custodial parent can not simply move the child anyplace without the permission of the other parent. Furthermore, the Ontario Court of Appeal has ruled that a custodial parent does not have an intrinsic right to take a child whenever it decides. In compliance with both federal and provincial laws, decisions to allow a child to relocate should be considered. This normally follows the child’s best interests.
Such proceedings can be very costly and time-consuming. This is due to the amount of research required. Further, it takes a lot of time to formulate and submit legal arguments. The parent requesting permission to relocate must have their family lawyer establish a comprehensive custody deal. This includes an assessment of services and amenities at a new venue. There is also a consideration of the cost of living. Further, the quality of healthcare services and education are considered.
Many of the relocating issues occur in cases of joint custody. If a parent has full custody, he or she may be capable of moving when access and visitation rights can be sorted out with the other parent or if the judge gives the green light to do so.
The Supreme Court of Canada provided a procedure to be followed when determining whether a child may be transferred when a custodial parent relocates to a far distant location.
Child Support Services
After deciding on who will have custody of the children, the next step will be deciding on how much child support will be given to the other ex-spouse. Child support disputes can range from a disagreement on how much the parent will receive to what the payments will be used for on behalf of the children. Our child support lawyer in Ottawa offers legal advice on how to calculate child support payments as well as what the payments are meant to cover.
If you already have a child support order through a court of law yet cannot keep up with payments due to the amount, our family lawyers in Ottawa can also file paperwork to try to get your payments changed. This circumstance often occurs if you suddenly experience financial hardship, such as having a job change where you receive less pay or you have lost your job.
Father or a mother wants to stop a child from moving
Essentially, a parent seeking to prevent a move or to guarantee access must make a “fundamental change.” These situations must involve a child. He or she will choose to recognize the factors that could devastate the child’s life. Further, they will want to emphasize the positive aspects of the life of the child in the present location.
For example, demonstrating that the crime rate in the new location is high. Further, the standard or accessibility of public services and education is lower. These factors might impact the court’s decision. If the parent challenging the relocation is successful, the judge will consider the welfare of the child as far as the move is regarded. During that stage, both parents have a duty to determine the best interests of the child.
Are you currently in a divorce and have kids? You should watch this video
Father Living in Toronto- Here are some possibilities
Some considerations could be taken into account when determining whether to require the custodial parent to move the child. It would also include whether the child could also have access to the non-custodial parent. Further, it would discuss the impact of the kid’s livelihood as a result of the transfer.
Certain separation arrangements or custody orders impose specific rules. These target the custodial parent’s right to relocate with the child. It sets out a certain distance, such as 60 kilometers beyond a specified city. It is possible that the parent who wants to relocate with the child will need the court’s permission. This will be needed to change the arrangement or order.
In fact, if a parent is told to move, it may be costly for the other parent to fly or travel to see the kid or to have the kid come to see him or her. Under such cases, the judge may allow the custodial parent to share or bear additional travel costs in order to ensure access to the other parent.
How a father take a child away from the mother
If you are a father that is suffering from the custodial parent practicing “parental alienation syndrome”, you might have a legal case to take away the child from their mother.
Parental Alienation Syndrome (PAS) is a concept proposed by child psychiatrist Richard Gardner in 1985 to characterize a distinctive pattern of behavior in children, involving intense but unjustified anxiety, resentment or aggression towards a parent. Gardner suggested that a series of actions he found in some families were interesting. They were involved in child custody disputes. They could be used to identify the psychological manipulation or undue influence of a child. This was done on the part of a parent. Further, it was usually on the part of the other parent who might try to avoid a continuous relationship between a child and other family members. This would happen after a family separation or divorce.
Parental Alienation Syndrome is a term created by the child psychiatrist Richard A. Gardner based on his clinical experience in the early 1980s. The idea of one parent trying to separate their child from the other parent as revenge or part of divorce has been defined since at least the 1940s. However, Gardner was the first to identify a particular syndrome.
Gardner suggested that a series of actions he found in some families involved in child custody disputes could be used to identify the psychological manipulation or undue influence of a child on the part of a parent, usually on the part of the other parent who might try to avoid a continuous relationship between a child and other family members after a family separation or divorce.
Father Living in Toronto- Family Law Firm
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Early Canadian court cases accepted expert opinions on PAS. They used the term “syndrome” and concurred with Gardner’s argument. That was that only one parent was fully responsible for it. The court did not accept his opinion. Instead, they found the child was not harmed by the judgment of a court-appointed specialist who, unlike Gardner, had interacted with family members.
A mother lost her custodial rights to the father only recently in Toronto for alienating the children from seeing him. There was an extraordinary court decision that was unique in the Canadian Family Law. A Toronto judge has stripped a mother of custody of her three children. This happened after a mother has spent more than a decade attempting to alienate them from their father.
Read more to find out more details – Mom loses custody for alienating dad. Visit the Ministry of the Attorney General for more specifics on children and the law. Do you think you can make a child move with you? Learn more in this video