is the term de facto Sole custdy (in case the children are…

Thank for the courteous and prompt reply.

Per my understanding, were the father to attempt to take away the children, on a visit, were the attached text be enough to be a deciding factor for arriving authorities (i.e. police officers) to restrain the spouse from doing so. I am under pressure to allow a visit and would like to use this document for the time being.

With the help of God.

I, A. B. , am the mother of (1)C. (2) D (3) E (4) F (5) G.

It is been more than a year that my husband – H. - left the family for good, he didn’t support the children at any means, he was only busy to cause trouble for me and the children and the whole community where I live.

In consequence, I, A. B., considered by law to be: de-facto sole custody parent. Only a court order can overrule the de-facto status.

Why I didn’t want to go to court up to this moment? I will explain this in the court motions, however the main reason are due to pressure from some people to come first to an agreement with my husband.

So as part of this effort I agreed to a Religious arbitration from H. I. (Tel. XXX-XXX-XXXX) Clergy member in “Congregation J. K.” in Montreal that gave a temporary order for Mr. L. M. of Montreal (Tel: XXX-XXX-XXXX) to try to solve all conflicts and disputes by the means mediation between all parties involved, specifically between myself and my husband.

The religious clergy advised me and my family to let the father access and have visitation rights to the children, however they warned me to take extremely cautious security measures to ensure that the father does not run away with the children, since there was clear evidence that he was at one stage planned to take, some or all the children, on a malicious way abroad l were he will transfer the children to foster families in order to take revenge from the community and from me.

No one is authorized to change the current family situation without mutual consent between me "A. B." and my husband "H." and/or a court order.

Therefore, I authorized my brothers L. M. and O. P. to act on my behalf and to prevent my husband to go around with the children without their supervision which will in turn guarantee that the children return to me " A. B. " the de-facto parent.

If they " L. M. " and "O. P." and anyone with them feel there is a flight risk involving the children, I request and authorize them to contact police immediately and use physical force as I would do and in the meanwhile, until the arrival of law enforcement agency, if they see a situation that in normal circumstances a mother will use force to prevent such a unauthorized move I authorize them to use the force on the maximum level that would be allowed by law.

The purpose of this letter is explicitly served to specify my ("A.B.") rights as the de-facto parent, and not regarding his travelling rights with the children rather this letter serves notice about my own rights, however not limiting my rights specified elsewhere by the law and is not to be interpreted as a confession on my part.

I will be more than happy that the court should resolve the issue, however in the meanwhile the de-facto situation should and will continue unless a court orders otherwise.

<END>

Please consider the legal aspect of this letter, and what would be the circumstance in terms of restraint, would the father suceed in his attempt to forcefully take the children.

Optional question: Would you consider taking up this case? If yes, Please contact me by e-mail.

Thank you,

Chana

Thank for the courteous and prompt reply.

Per my understanding, were the father to attempt to take away the children, on a visit, were the attached text be enough to be a deciding factor for arriving authorities (i.e. police officers) to restrain the spouse from doing so. I am under pressure to allow a visit and would like to use this document for the time being.

With the help of God.

I, A. B. , am the mother of (1)C. (2) D (3) E (4) F (5) G.

It is been more than a year that my husband – H. - left the family for good, he didn’t support the children at any means, he was only busy to cause trouble for me and the children and the whole community where I live.

In consequence, I, A. B., considered by law to be: de-facto sole custody parent. Only a court order can overrule the de-facto status.

Why I didn’t want to go to court up to this moment? I will explain this in the court motions, however the main reason are due to pressure from some people to come first to an agreement with my husband.

So as part of this effort I agreed to a Religious arbitration from H. I. (Tel. XXX-XXX-XXXX) Clergy member in “Congregation J. K.” in Montreal that gave a temporary order for Mr. L. M. of Montreal (Tel: XXX-XXX-XXXX) to try to solve all conflicts and disputes by the means mediation between all parties involved, specifically between myself and my husband.

The religious clergy advised me and my family to let the father access and have visitation rights to the children, however they warned me to take extremely cautious security measures to ensure that the father does not run away with the children, since there was clear evidence that he was at one stage planned to take, some or all the children, on a malicious way abroad l were he will transfer the children to foster families in order to take revenge from the community and from me.

No one is authorized to change the current family situation without mutual consent between me "A. B." and my husband "H." and/or a court order.

Therefore, I authorized my brothers L. M. and O. P. to act on my behalf and to prevent my husband to go around with the children without their supervision which will in turn guarantee that the children return to me " A. B. " the de-facto parent.

If they " L. M. " and "O. P." and anyone with them feel there is a flight risk involving the children, I request and authorize them to contact police immediately and use physical force as I would do and in the meanwhile, until the arrival of law enforcement agency, if they see a situation that in normal circumstances a mother will use force to prevent such a unauthorized move I authorize them to use the force on the maximum level that would be allowed by law.

The purpose of this letter is explicitly served to specify my ("A.B.") rights as the de-facto parent, and not regarding his travelling rights with the children rather this letter serves notice about my own rights, however not limiting my rights specified elsewhere by the law and is not to be interpreted as a confession on my part.

I will be more than happy that the court should resolve the issue, however in the meanwhile the de-facto situation should and will continue unless a court orders otherwise.

Please consider the legal aspect of this letter, and what would be the circumstance in terms of restraint, would the father suceed in his attempt to forcefully take the children.

Optional question: Would you consider taking up this case? If yes, Please contact me by e-mail.

Thank you,

With the help of GOD

Hi,

Below is a bit of a background picture and question. I hope this message finds you in good health and spirit.

Background:

I –the mother- and my husband, married in the downtown Montreal and lived in Laval (province QC). We lived in a rented home, we had 2 children, while I was in the pregnancy of my 3^rd child, my husband (whilst anger turned to violence) had a fight with my parents and extended family, I was not necessarily the center of the conflict and not the cause of it in any way, and as a result he immediately decided to move abroad, leaving us with no family support. He tried coercing me into relocating with violent means to no avail. Currently I reside with my children's grandparents, my parents in that matter.

Currently we are separated more than a year and I am the de-facto sole custodial parent.

No court order has commenced and no application has been made.

My husband came back to town for a visit and I allowed him visitation rights, however I took extreme caution to prevent abduction by the father as I suspected he would take them abroad. On the visit he became aggressive and since the visit was located in a private setting he was ordered by authorities to leave the house.

I am currently planning to permanently move to Ontario to maintain a secure setting for my children for fear of my husband, in addition to begin court proceedings for divorce and corollary relief.

I'm planning to commence divorce court in Quebec and immediately terminate residency status there and permanently relocate to Ontario to proceed with corollary relief to gain full custodial rights over my children.

The reason for filing for corollary relief in Ontario and not in Quebec along with the application for divorce is due to the restrictions regarding religious education as opposed to Ontario.

My Question is as follows:

Once I first file for corollary relief in Ontario and gain custodial rights over my children (this is my number one priority), and then file an application for divorce in Quebec and terminate my residency there immediately, is there a chance for the Quebec court to transfer jurisdiction to Ontario in terms of the application for the divorce procedure?

becuse i read on the divorce act as follws:

3. (1) A court in a province has jurisdiction to hear and determine a divorce proceeding if either spouse has been ordinarily resident in the province for at least one year immediately preceding the commencement of the proceeding.

so I think that if I move to onterio i have to wait another year to get divorced in onterio

When you say

"But if you are then you can apply for the divorce in Quebec."

Did you mean that if I will live with my children, let's say 3 month in Ontario, I will still don’t lose the right to apply than for custody rights in Ontario and on the same time to apply for divorce in Quebec, because I was thought that the law that say "for at least one year immediately preceding the commencement of the proceeding " means that you was not living any significant time just before the application in another province.

The reason to rush for corollary relief: simple, to prevent my husband from abducting the children, since there no court order. And as you advise me on the beginning "The police will not act on a letter or agreement in most cases. They actually will want to see an order." And you were just right the police however act only because the visit of the father took place in a private home. If the father tries abducting the children from the street there not be any guaranteed police protection. So, I think, I should not wait any more.

However, I would no-way apply it under the jurisdiction of Québec, since the father will bring up the issue that the children are homeschooling with out to follow the exact policies of the Québec educational policies, some matter that can under the jurisdiction of Québec only ended up that the children will be under the youth protection, but are fully legal and acceptable under the jurisdiction of Ontario.

However if you advise me that the section 21.1 of the divorce act, that the court may exercise it power to not receiving any affidavits and application from a spouse that are intended to use the religious barriers to remarry, If this section applied also regarding an application for corollary relief only, I will simply apply for the corollary relief in Ontario, and I will live the divorce application to a later date.

By the way, your service is excellent, satisfied and professional.

If you can also explain me, how can I change my monthly subscription, that I will gat unlimited answers from such a professional as you.