T.R | Title | User | Personal Name | Date | Lines |
---|
319.1 | | QUOKKA::26356::VLS_TEMP1 | Dan D(ingeldein) | Wed Aug 03 1994 09:04 | 10 |
| I take it you live here and she lives in Canada? That's gonna be a
tough nut to crack! How do the laws read in Canada relating to
jurisdiction? Are they similar to here? Do you know of any provisions
for legal representation for a minor? It's been going on for a while
here in the States so there must be a way to get your sons interest
represented (short of getting a guardian ad litem here in the US, and
which more often then not is a waste of money and time, most of the
time!). I think we here in NCP need alittle more info to get a handle
on potential solutions. IMO
Dan D
|
319.2 | | QUOKKA::29067::HADDOCK | Saddle Rozinante | Wed Aug 03 1994 10:28 | 7 |
|
He might try checking with the Social/Human/Welfare Services people
if there are any. If he is indeed under the age limit, he'll probably
have to have some reason for wanting the change other than "I don't
like the way I'm being treated".
fred();
|
319.3 | Unhappy little guy | QUOKKA::58633::TRP271::Akermanis | Beam me up Scotty | Wed Aug 03 1994 11:54 | 19 |
|
re: .1,
Both parties in Ontario, Canada (1 hour drive apart)
Fred,
I agree, the child must have better reasons than a dislike for the EXs' live
in. Unfortunately at 9 years old, they do not see things the way the system
would look at it. He just feels unhappy with his present situation and wants
the NCP parent over the CP.
If the EXs' live in abuses him in any way, then you have something to work
with, but there is no indication or mention of this occurring by him.
His only option may be to wait out the two years and then jump ship no
questions asked.
John
|
319.4 | | QUOKKA::26356::VLS_TEMP1 | Dan D(ingeldein) | Wed Aug 03 1994 13:07 | 9 |
| Get into the library and do some research, or ask an attourney friend
if they've ever heard of such a case, and if so, check out that case in
your local law library (if you folks have access to such a thing up
theya in "the great white north!). There's been a few cases here in the
states where a minor has gotten their own legal representation but I
can't remember all the details of how this was done (i.e the case in
Fla where the teenage girl wanted to stay with her adoptive dad vs
going with her bio parents). Just some ideas!
Dan D
|
319.5 | | QUOKKA::3737::RAUH | I survived the Cruel Spa | Wed Aug 03 1994 14:15 | 6 |
| If anyone can get an internet account, either thru dec or going thru
American, or Compuserve. There is a world of info!! I just go into
a law libary via internet! I am impressed. There is family law in there
too. And thats the best for the moment.
|
319.6 | Make sure son wants to move! | QUOKKA::17576::PERRY_W | | Mon Aug 08 1994 07:55 | 16 |
| A co-worker of mine sued for a change of custody for his 13 yr old son
when the son said he wanted to live with dad. The custodial mom had
moved to Florida and dad lived in New England where the divorce took place.
After my friend spent 2000+ dollars the son decided to change his mind
and the suit was dropped. My friend, the dad and his second wife
have very little money so the suit caused a hardship on them not to
mention the custodial mom in Florida.
Morale of the story is to make sure your son is absolutely positive
he wants to live with Dad.
My two precious children were moved 200
miles away by a very inconsiderate custodial mom. I would give
anything to see my two boys more than two weekends/month.
Hope the next generation deals with these issues better than we have!
Good luck!
Bill Perry
|
319.7 | Still looking into how the local process works... | QUOKKA::58633::TRP271::Akermanis | Beam me up Scotty | Tue Aug 09 1994 10:01 | 13 |
|
I have no plans to go for custody personally, one it is too expensive to
begin with and second, if my son is determined enough, her is able to get
free legal counsel of his own since he is a minor. Third, the ex would fight
tooth and nail to prevent it.
However, once he is 12, the ex could do little if he initiates and jumps ship
on his own accord. I guess the biggest question we have is, where does he
start? Who to contact first?
Still looking into the who/what/how/where.....
John
|
319.8 | | QUOKKA::3737::RAUH | I survived the Cruel Spa | Tue Aug 09 1994 10:24 | 8 |
| As stated in other notes. In the USA, we can represent ourselves. It
takes allot of work, and takes allot of scrotums (balls) to defend
yourself in court. And you have to be 101% on the money to do so. And
if you feel that there is good justifiable cause. Then do it. Go for
it. The libaries are on line in many places. Like comuserve or america.
There are local BB's about to like the Legal Beagle in Nashua.
|
319.9 | | QUOKKA::29067::HADDOCK | Saddle Rozinante | Tue Aug 09 1994 16:48 | 7 |
| Most of the various law books that I have seen have a section on
"family law" or "domestic law", and under that a section on custond,
support, etc. You usually don't have to do all that much reading,
but you do have to interprit the "legaleese". Also it can be
emorionally difficult, especially when you find out justhow
badly you've been shafted.
fred()
|
319.10 | The truth.... | QUOKKA::58633::TRP271::Akermanis | Beam me up Scotty | Wed Aug 10 1994 11:09 | 8 |
| Fred,
Isn't that always the way, after the fact, you find out the real truth and
realize you been given the short end of the stick. Makes you wonder after all
the money you paid out what your lawyer really did for you and who's side
they were really on here....
John
|
319.11 | | QUOKKA::29067::HADDOCK | Saddle Rozinante | Thu Aug 11 1994 09:00 | 7 |
|
You're right about the lawyers. The one big advantage about going
pro-se (pro say, representing yourslf) is that you _do_ have you're
best interest at hart. Lawyers tend to forget that _they_ are working
for _you_.
fred();
|