My 16 year old daughter has had difficulties with her mother for a few years because of “mom’s” mental illness.

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Customer: My 16 year old daughter has had difficulties with her mother for a few years because of “mom’s” mental illness. Recently, my daughter wanted to visit her grandmother in Ontario (she was residing in BC) but after complications, she wants to live with her grandmother permanently (as the father I fully support this). She went to Ontario without her mom’s permission on/about March 15. She immediately registered for school there. Mom has the court order with sole rights (originally issued in Ontario). My daughter started school two days ago and got a job already.This morning, my ex sent he police and children services to the school. The police were satisfied that my daughter is safe. My ex-mother-in-law is still waiting to hear from children services worker. The school said my ex-blocked the old school in BC from sending the transcripts to the new school in Ontario so that my daughter cannot attend that school until the legal matters have gone through court and a new order issued.A major concern we have is that my ex’s current partner just got out of jail and is on parole for arson where he lit an apartment building on fire. Now, the way he has handled this situation is scary because he’s texted my daughter: just wait. “what the f**k your f**ked up eh I will deal with you if and when you come back” and “I don’t care if I have to go back to jail” in another message.I have a few questions:1. Protection: Is this legally sufficient to establish danger in the home? (children services have been involved with my ex in the past as well).
2. Jurisdiction: What legislation would determine that Ontario is the appropriate jurisdiction for this case given that the Court order my ex has was issued in Ontario and my daughter has established herself as a resident in Ontario? In other words, does this argument hold?
3. Would it make the most since for my mother-in-law to file an ex-parte motion asking for temporary custody while the case conference is pending process?
4. Would the ex-parte motion be a new motion entirely for custody or should it be for a variation of the previous order?
Answered by Legal Ease in 5 mins 1 year ago
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Jessica

Jessica

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Legal Ease, Expert

Hello and Welcome to JustAnswer. My name is***** will be working on your question today and I am looking forward to our conversation.

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Legal Ease, Expert

Please note that I am working from my computer and not actually texting. If you don’t answer back for a while I may not be online when you do but I will never desert you and will check back often. As well, as I am working from home it is possible that I will be interrupted but I will always return back as soon as I can.

Finally, although the site offers a call option I personally do not take calls but just work online. Some find this confusing as it looks like the offer is coming from me but that is just how the site presents the offer and it really isn’t coming from me. Some of the other experts do take calls and so you are very welcome to request a call on this post and an expert may take it. They will have the benefit of reading our exchange which should work out very well for everyone involved!

I am sorry to hear of this difficult situation.

Customer
This one of the screenshots of the text
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Legal Ease, Expert

1. Yes but it won't matter as the child is refusing to return and she is old enough to decide.

2. The court in Ontario won't likely except jurisdiction because a child habitually resides in BC but the grandmother should try.

3. Yes that would make sense to try. But otherwise if the court won't agree to treating this as an emergency they can treat this as an urgent motion where the mother would get notice but the hearing will take place within the next couple of weeks. It is urgent because a child needs to go to school.

4. Well it should actually be for sole custody and child support. It wouldn't be to vary any order because it's a different party now if it's your mother-in-law.

Does that help?

Customer
Makes perfect sense thank you!
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Legal Ease, Expert

You are very welcome.

Customer
Regarding #2: Ontario is not likely to accept jurisdiction? Does that mean we are better off looking to file a motion in BC?
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Legal Ease, Expert

Oh dear. Sorry for that typo up above. I should have said "accept"

No. I would suggest that your mother-in-law first try Ontario. The more that I thin of it the more I think it is worth a try,

The fact is it while the child didn't habitually reside in Ontario the child is refusing to leave. She has now settled in Ontario, she's obtained a job, she is telling everyone she's not leaving including the police and she tried to register for school. So there is a chance that the court will agree to assume jurisdiction.

Customer
Great! Thank you! So, is the following a strategy with a reasonable chance of success? Would the jurisdiction argument be made in the first motion or in the motion for full custody? What suggestions would you have for me?1. File an Ex-parte Motion that requests temporary custody
2. In the motion request that my daughter be granted representation from the office of the Children’s Lawyer.
3. Prepare a motion for full custody
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Legal Ease, Expert

Wait, are you sure that you're not a lawyer?

What I think should happen is your mother-in-law should the courthouse and speak to a clerk and ask if she can get an emergency telephone hearing over the telephone. Things aren't working very well because of Covid. They may allow her to have a telephone hearing sometime this week. If they don't agree then she's not going to be able to do an ex parte motion.

Because your daughter is 16 if the Ontario court assumes jurisdiction there won't be any need for the office of the children's lawyer because at 16 in Ontario a child can decide to live where they want. The reason why your mother-in-law needs the order really is simply because of the school problem.

So if she can't bring the ex parte motion she should apply for interim custody by way of an urgent motion and the reason why she should be able to get the urgent motion is the school issue.

Customer
Wondeful! Thank you Debra! I doubt you remember me, but you helped me out a couple years ago! I never forgot and really helped deal with the hard times my ex had given me with your knowledge and support! Thank you so much! You're making a big difference in people's lives! (And no, I'm a teacher :-)
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Legal Ease, Expert

Well I have helped many people but I'm very, very happy to have heard these comments. It pretty well made my day. I hope things work as well now!

Take good care.

Customer
Hi Debra,I am writing the proper documents now, but think that since my mother-in-law is asking for custody (from my ex) and support from me and my ex, should she also name me in all the motion (as respondent) and the application? Or would these need to be separated one for me and one for my ex?Thanks!Kyle
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Legal Ease, Expert

Can you please start a new post for this new question?

Please put my name into the question so I will be the one to answer.

Thanks

Customer
sure thing!
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Legal Ease, Expert

Thanks

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