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Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100434
Experience:  Lawyer
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My children's father lives in Michigan and the children and

Customer Question

My children's father lives in Michigan and the children and I have lived in Ontario, Canada for almost 4 years. Their father hasn't paid child support in any way, ever, and has chosen not to see or speak to the children in nearly a year. He has changed his phone number and his physical location so as to avoid paying for, and having contact with the children. I do not want money or assistance raising the children any longer. What direction should I take in eliminating his presence entirely from our lives and go forth changing the children's names to my surname?
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

There is really no way to eliminate him from their lives.

The Court is not at all likely going to sever all access rights. It is virtually never done unless there is a situation of danger so at this point in time it is not really possible. You could ask for an order for sole custody and no access and if he doesn't contest it then the court would grant the order but otherwise it is just not likely at this time. As time goes on though and years pass and he's not seen the children and then wants to, then you may be able to stop him.

If you are given an order for sole custody and no access you can change the children's last names. If you don't get that order or the father's permission then you need a court order allowing you to do so.

Customer: replied 1 year ago.
I qualify for legal aid so filing for sole custody/no access is feasible, but it's up to me to pay someone to have him served, I guess what I'm really asking is how long can he refuse to be served (hiding, me paying each time they try) before I'm awarded that judgment by default because I have zero doubt that will be his M.O.
Expert:  Debra replied 1 year ago.

If you can show that he is avoiding service then your lawyer can get an order for substitute service so that you will be able to serve in in an alternative way such as to his last known address, to his family, by advertising etc.

So you can have the process server swear an affidavit showing that it was not possible to serve him and that will work. There is no time limit or number of times for some cut-off. It really comes down to showing the court you did what you could and he is avoiding service.

Customer: replied 1 year ago.
Got it. Thanks.
Expert:  Debra replied 1 year ago.

You are very welcome.

I am sorry you are in this terrible situation. I hope it works out quickly and smoothly.

Customer: replied 1 year ago.
Thank you again, it is terrible that my boys continue to suffer financially and emotionally as they live each day wondering if or when daddy might make an appearance. I'm just looking to remove the proverbial band-aid and allow them the peace of knowing that they can let go without guilt, moving forward without the weight of not knowing pulling them down every moment of every day. It's amazing to me how long children can create hope out of nothing at all. Poor babies.
Expert:  Debra replied 1 year ago.

I am saddened to hear this. I know you are right and your poor little boys will hope for a long time. I understand completely, believe me.

Have a good night.

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