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Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 101453
Experience:  Lawyer
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I have a temporary Order from an Ontario, dated August 29,

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I have a temporary Order from an Ontario, dated August 29, 2017.
The children’s mother was granted custody of the children and exclusive possession of the matrimonial home with responsibility for all associated expenses temporarily. I was granted weekly and bi-weekly access..The children’s mother took the children to Quebec just before the court order was made and did not bring them back after the Ontario Order was made. My first access day was due on Thursday September 7th. When the children were not made available to me, I made several requests to the Ontario lawyer and the children’s mother with no response.The home appears to be abandoned and I have seen no efforts made by her to transfer the mortgage or tax responsibilities and the mortgage is due on Friday September 15th.On Friday September 8th after 5 p.m. I received a letter from her new lawyer in Quebec stating that she is working with the Ontario lawyer. The Quebec lawyer informed me that the children and their mother are residing in Quebec and the children are in school there. The Quebec lawyer is demanding that I exercise my access in Quebec which is impracticable. I understand that she will be seeking that the Quebec courts take jurisdiction of the case.I would like to have my judgement registered in Ontario and Quebec.I would also like my judgement varied, so as to require a more practical access arrangement, like a holiday and summer access.
I would like seek possession of the abandoned house.QUESTIONS
What are the steps to getting a judgement registered in Ontario
What are the steps in getting an Ontario judgement registered in Quebec.
Should I apply to have the judgement varied, before or after registering it.
Can I make my application for variation ex parte in circumstances where I am concerned that the Ontario lawyer is complicit in the abduction and relocation and where i am concerned that notice to the Ontario lawyer may provide the Ontario lawyer with opportunity to seek to delay in order to attempt to get an order of the Quebec court and therefore frustrate the jurisdiction of the Ontario court.
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: Ontario canada
JA: Have you talked to a lawyer yet?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: that's it for now

Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.

I don't know what you mean when you ask about registering the order in Ontario. The order was made in Ontario wasn't it?

How far away did she move the kids?

Do you have a lawyer in Ontario or did you self-represent?

Customer: replied 1 month ago.
The Order was made in Ontario, She has moved the kids from toronto to quebec city, i am self-represented.

She clearly had no right to do that. It is parental abduction.

So you don't register the order as it is already an order in Ontario. Rather you go do the courthouse in the morning tomorrow. You say you just learned that the mother has taken off with the kids and moved them to Quebec city and this is a clear case of parental abduction and you need to see a Judge on an emergency basis.

The clerk will speak to a Judge and who will likely agree to hear from you.

You then say you are self-representing, the interim order is with the court, but you just learned she moved the children and has enrolled them in school etc and that you want an interim order for sole custody that is police enforceable.

Then you will be able to enlist the assistance of the police to bring the children home.

After that there will be another hearing with the court where then the mother can argue why moving the kids is in their best interests and you will oppose that of course.

I cannot answer about the house on this post. When we are done here you can rate me and start a new post about the house and I am happy to help with that too. I am a senior family lawyer in Ontario.

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

Customer: replied 1 month ago.
thank you. are you located in the toronto area

Yes I am in Toronto but I am not able to act for you. The site prohibits that and in any event I am pretty well retired at this point aside from working on the site.

You can contact the Law Society and use their Lawyer Referral Service. You will be given the name of a lawyer and can consult with the lawyer and the first half hour will be free.

The number is:

1-***-***-**** or(###) ###-####(within the GTA)

Is there anything more I can help you with at this point in time?

Debra and 2 other Canada Law Specialists are ready to help you