Sole custody?

[Amanda-Lise 0]

after many talks with my ex, he is willing and ready to give me sole custody of our daughters. Visitation/child support agreements would stay the same. We've always had joint custody of the girls, and it was joint at the time the divorce went through. My question is this, can we have an amendment to the separation agreement drafted and signed, would that be enough? Or must we go through the courts to do something we are both in perfect agreement on? We're both in ontario for the time being. If we are able to just draft an amendment we plan on putting in his consent for me to move with the children (will still have a notarized letter to that effect) and new plans for arranging visitation.

[gimygirl 0]

i would consult with a lawyer regarding the legalities of your question ... especially when crossing an international border with children.

great news for you though!

[CutienPurg 0]

after many talks with my ex, he is willing and ready to give me sole custody of our daughters. Visitation/child support agreements would stay the same. We've always had joint custody of the girls, and it was joint at the time the divorce went through. My question is this, can we have an amendment to the separation agreement drafted and signed, would that be enough? Or must we go through the courts to do something we are both in perfect agreement on? We're both in ontario for the time being. If we are able to just draft an amendment we plan on putting in his consent for me to move with the children (will still have a notarized letter to that effect) and new plans for arranging visitation.

When my husband and his ex wife modified their separation agreement in Ontario , it was done between them and their lawyers. They both signed the ammended agreement and all was good. So I'd have to imagine yours shouldn't be any different.

It's nice to see that you have an amicable enough relationship with your ex that you can work out issues without the need for mediation and /or court involvement. You're very lucky....cherish that! It can take a lot of emotional effort to be able to work well with an ex. Kudos to you guys for putting your children's best interest ahead of personal feelings over a relationship that didn't turn out as planned.

[gimygirl 0]

It's nice to see that you have an amicable enough relationship with your ex that you can work out issues without the need for mediation and /or court involvement. You're very lucky....cherish that!

careful not to infer ... she never said it was an 'amicable enough relationship' ...

[Amanda-Lise 0]

It took us a long time to get to this point, our divorce took almost 3 years to finalize, he is military and we had additional paperwork, ToD's, him being sent all over Canada for courses, plus actually negotiating the terms that interfered. His biggest concern right now is the AoS process, and how long it will take for AP to come through so the girls would be able to come back and visit him and his fiancee in Canada, he's being posted with the PPCLI shortly and worries that he wont be able to see them prior to being deployed. Unfortunately I have no real timeline to give him. And of course we want each other bound by what is put in the agreement, regardless of him going to Edmonton, and us to Virginia (hopefully). We were hoping to get the ammendment drafted by a paralegal, as it would be a difference of 300$ in comparison to 2000 or more. We tried talking to the Family Court to find out what would be binding for both of us in this situation, however they were about as helpful as USCIS customer service

[Cristy 4]

You can go to family court, they will give you all the papers you need to change the custody order. You type it up yourself. I had that all in the works but ended up not needing it.

[CutienPurg 0]

If you're not having any luck with the family court, is there a free legal clinic within a reasonable driving distance from you that can help advise you. We found one in Pembroke, while we were posted at CFB Petawawa, by calling the county court house.It was not income based , just a walk in deal in which you told them your problem and they offer a solution or direct you to who can help you.

[Robin28 2]

after many talks with my ex, he is willing and ready to give me sole custody of our daughters. Visitation/child support agreements would stay the same. We've always had joint custody of the girls, and it was joint at the time the divorce went through. My question is this, can we have an amendment to the separation agreement drafted and signed, would that be enough? Or must we go through the courts to do something we are both in perfect agreement on? We're both in ontario for the time being. If we are able to just draft an amendment we plan on putting in his consent for me to move with the children (will still have a notarized letter to that effect) and new plans for arranging visitation.

Hmm .. From what i understand if you and your ex share custody of the children all that is required is consent .. and you don't 'have' to have sole custody. If you do have sole custody you don't need consent ... unless the agreement lays out visitation .. if that was the case you would still need the consent .. an amendment signed and notarized would be just fine i think .. I have heard through the grapevine that Vancouver consulate has a certain form they want the other parent to sign... My experience in Vancouver last week was simple ... the man doing my interview looked @ my divorce order and said .. ok you have custody of the children and that was it no other questions @ all ... but i have really no idea about Montreal ... If i were in your shoes and wanting to know exactly what your consulate specifically will require i would call or email them and find out the details. Sorry i can't help you more

[laraandjeff 0]

after many talks with my ex, he is willing and ready to give me sole custody of our daughters. Visitation/child support agreements would stay the same. We've always had joint custody of the girls, and it was joint at the time the divorce went through. My question is this, can we have an amendment to the separation agreement drafted and signed, would that be enough? Or must we go through the courts to do something we are both in perfect agreement on? We're both in ontario for the time being. If we are able to just draft an amendment we plan on putting in his consent for me to move with the children (will still have a notarized letter to that effect) and new plans for arranging visitation.

Hmm .. From what i understand if you and your ex share custody of the children all that is required is consent .. and you don't 'have' to have sole custody. If you do have sole custody you don't need consent ... unless the agreement lays out visitation .. if that was the case you would still need the consent .. an amendment signed and notarized would be just fine i think .. I have heard through the grapevine that Vancouver consulate has a certain form they want the other parent to sign... My experience in Vancouver last week was simple ... the man doing my interview looked @ my divorce order and said .. ok you have custody of the children and that was it no other questions @ all ... but i have really no idea about Montreal ... If i were in your shoes and wanting to know exactly what your consulate specifically will require i would call or email them and find out the details. Sorry i can't help you more

I agree with this. You dont need sole custody of the children. My ex and I have joint custody and all I needed was a noterized letter from him stating that he is in agreement that the children will be moving out of the country. With that , thier passports and birthcertificates will be all you need for them. Good Luck