Questions and Professional Answers

• Mother moving out of province with children

  My ex wife is considering taking my son from Ontario to Vancouver and leaving my daughter with me in Ontario. My Daughter is 13 and wants to stay my son is 8. My ex is moving because of a job opportunity. Do I have any rights as a father to keep my son here in Ontario?

  • Re: Mother moving out of province with children

    We can only answer this question from a B.C. perspective as that is the Province in which our firm practices and is licenced. You have not stated if there is an order for custody in existence, and assume that if there was one, you would have so stated, as this is a very important factor. Therefore, we are assuming that there is no Order for custody now in existence or if there is one, you ahve custody. If this assumption is not correct, then this answer is not correct. We assume that you and your ex-wife are sharing custody of the children at the present. It would be unusual for a court to order a 13 year old to move if she did not want to, assuming she is of normal maturity for her age. It would be unusual for the court to split up the siblings, although your son's wioshes at 8 years old will not carry as much weight as they would if he were a few years older. The bottom line is that you can insist on the children staying with you, assuming they both wish to when move time comes, unless your ex wife goes to court to obtain an order that they move.

    Donald McLeod
    Donald R. McLeod Law Corp.
    832 Fisgard Street, Suite 103,
    Victoria, British Columbia, Ca, BC V8W 1S1

• deed on death

  is there a provision for transfer of deed/title upon death in Ontario? I own a parcel of land in Ontario but live in the US. I want to transfer title to my daughter who is in Ontario. We are both Canadian Citizens.

  • Re: deed on death

    I don't know. I suggest looking online. The Canadian Government's websites are very user friendly.

    Nancy Fioritto Patete
    Nancy Fioritto Patete, L.P.A.
    PO Box 24387
    Mayfield Heights, OH 44124

• Ontario or Colorado divorce

  Hello: I just moved to Colorado Springs 6months ago from Ontario with my family. He wants a divorce now. I have no family here. I left my job of 10years to be a stay home mom. He tried to convince the marriage counsellor that our marriage is not fixable, she wouldn't have it. What are my rights? Do I get divorced here or in Ontario. Obviously, I would move back home. Will, this be abandonment? Since I would be the one physically leaving? I really need help.

  • Colorado or Ontario

    A married person can file for divorce in Colorado once s/he has been a resident for 6 months. Colorado is a "no-fault" state, meaning the non-petitioning party may be able to delay a divorce somewhat, but it cannot be stopped if the petitioning party is diligent. Whether you can get divorced in Ontario will depend on Ontario law. Because Colorado is "no fault," abandonment ought not be an issue, unless you are talking about leaving the kids here, in which case it might affect custody. Having given up your job, maintenance (formerly "alimony") may be an issue. The marriage counselor's opinion about the marriage will likely be irrelevant. There is not much good news in your situation.

    Jack Harding
    Denver Center for Divorce Solutions
    90 Madison Street, Suite 404
    Denver, CO 80206

• Ontario spousal judgment being enforced against Californian.

  A 25 year married couple, who were both resident of Ontario, Canada obtained a divorce in Ontario, Canada. A judgement was obtained against the husband for support payments. The husband moved to California and lives with his new multi-millionaire wife and is refusing to pay the alimony. Does the wife have to start court proceedings all over in California? What is the best way to get him to pay?

  • Re: Ontario spousal judgment being enforced against Californian.

    Get an "exemplified" copy of the Canada judgment and it should be enforceable in California, you will need California counsel one you have done this.

    Michael Stone
    Law Offices of Michael B. Stone
    2250 E. Imperial Hwy, Suite 200
    El Segundo, CA 90245-3508

  • Re: Ontario spousal judgment being enforced against Californian.

    With the copy of the judgment from Canada you should retain a local attorney to proceed in California. Is the father exercising his visitaion right?

    Amy Ghosh
    Law Offices of Amy Ghosh
    3250 Wilshire Blvd. Suite # 944
    Los Angeles, CA 90010

• Incomplete lease agreement

  Hello,I'm renting an apartment and signed a one year lease. I want to break the lease and gave a 30 day notice. My landlord told me I will have to pay for the remaining 4 months. The lease will en in 05/2005. I looked at the lease agreement and realized that I only have 2 pages of the lease agreement. I keep all legal documents even if they are obsolete so I'm sure they (as well as I) forgot to give (to request) me a complete lease agreement. I want to move out because I just purchased a home and cannot pay a rent and a mortgage. What can I do?Thank you

  • Re: Incomplete lease agreement

    A lease is a contract for a specific period of time for a specific amount of rent. Would you have wanted to move out if the owner had sold the house, even though you were entitled to stay there until May.Your landlord is correct, unless he or you find someone to complete your term.

    Ken Koenen
    Koenen & Tokunaga, P.C.
    5776 Stoneridge Mall Rd., Suite 350
    Pleasanton, CA 94588

• Legality of a lease purchse agreement

  The owner of the house we are leasing had my wife sign my name to the lease and the lease purchase agreement without my consent. I would not have signed the lease purchase agreement because I do not agree with the terms. My wife's name is on the lease but not on the lease purchase agreement. Can the owner hold me to the lease purchase agreement contract??Thanks for your help.

  • Re: Legality of a lease purchse agreement

    If you did not sign or empower someone else to do so on your behalf, then you will not be held to the terms pursuant to that contract.If you would like to discuss any issues further, please feel free to contact my office. My contact information is below. Thank you.The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.

    Glenn M. Lyon, Esq.
    MacGREGOR LYON, LLC
    7 Lenox Pointe, NE, Building Seven
    Atlanta, GA 30324

• custody

  hi my husband left the country four months ago, we decided to end the marriage,i have a baby girl and we are currently in Nova Scotia, she was born in Ontario. When he gets back to canada can he make me move back to ontario so he can see his daughter?

  • Re: custody

    You have not given enough facts to give a complete answer, and additionally you have directed this question to a British Columbia law firm. As noted on the LawGuru website, questions will be answered with reference to BC law. The law varies from Province to Province.Assuming your husband abandoned you and your daughter and you moved for a proper purpose, and not just out of spite for your husband, it is unlikely a Court will force you to move back to Ontario. After all, he moved out on you - you did not "steal" his child from him. He is obligated to pay child support no matter where you live, and you can not trade off child support in return for a promise by him not to try and make you move back to Ontario. Dealing away child support is not lawful and the Coruts will not enforce such an unlawful arrangement. It is a common misconception that a parent has a right to child support - a parent does not. The right to child support belongs to the child, NOT to you.

    Donald McLeod
    Donald R. McLeod Law Corp.
    832 Fisgard Street, Suite 103,
    Victoria, British Columbia, Ca, BC V8W 1S1

• how can I get out of a lease agreement

  My husband has his own business and it's been very hard for him to even maintain the monthly payment. He has recently filed bankruptcy and wants to get out of the lease (2 years left in the lease) but the lease agreement is assigned by both of us. Can we still be out of the lease agreement without hurting my credit? I have my own job and I have no involvement with the business. Only reason why I signed the lease agreement is because it was required for both husband and wife to sign the lease at the time. There are few businesses that have already abandoned the property because they can't afford the rent anymore. Is there a way to get out of the lease without hurting my credit?

  • Re: how can I get out of a lease agreement

    I agree with Mr.Bennett- try to negotiate with the landlord.

    Lew Wiener
    Law Office of Lewis R Wiener
    5710 Paradise Dr- Suite 6
    Corte Madera, CA 94925

  • Re: how can I get out of a lease agreement

    It sounds like your best bet is to talk directly with the landlord and explain your situation.

    Ryan P. McClure
    The Law Offices of Ryan P. McClure
    8300 Utica Ave., Suite 157
    Rancho Cucamonga, CA 91730

  • Re: how can I get out of a lease agreement

    You really need to resubmit this under the Bankruptcy section, an area of law in which I don't claim to have expertise.However, the answer isn't good as far as landlord tenant law is concerned.A lease is a contract, in which basically you and your husband are bound to the landlord by mutual promises, and the landlord can come after either one of you.Unless a bankruptcy specialist can help you, the answer is that you are liable, and might be better off working (i.e. negotiating) with landlord.Good luck!

    Robert L. Bennett
    Law offices of Robert L. Bennett
    2117 N. Baker St.
    Bakersfield, CA 93305

• Landlord/Tenant Lease Agreement

  Is there a certain age a person has to attain to sign a lease agreement without a co-signer?If a lease agreement is signed by someone under the age in thequestion above, is the lease agreement still considered valid and legal?

  • Re: Landlord/Tenant Lease Agreement

    If the lease is for residential property for the personal use of the lessee; then no, there is no minimum age. Although many contracts are not enforceable against minors, contracts which are for what is known as "necessaries of life", e.g. food, clothing, shelter, etc. are enforceable against minors.

    Duke Drouillard
    Drouillard Law, LLC
    206 S. 19th Street, #336
    Omaha, NE 68102

• non-compete/non-disclosure

  Dear LawGuru, First off I should say that I have U.S. and Canadian citizenships.I have been in the cleaning business for a number of years in Ontario, Canada. Recently I came in contact with an individual that is in the sanitation business and looking for someone to subcontract work on some of his jobs in Ontario. Before starting into any detailed discussion he asked that I sign a non-disclosure/ non-compete agreement. I did not have a problem with that as I live near the U.S./Canada border and can work either side. After signing the agreement, I later disclosed to him my Citizenship status. He then asked if I was interested in working in NY State as he could not but he could register there and operate things through me. He also said that he had already registered his business in Florida some time ago. After about 4months now the company is operating in Buffalo and the surrounding suburbs on a very limited basis.My question is, how legally binding is the non-compete/non-disclosure agreement to me in NY State seeing that 1) It is a different country 2) His business was not operating or register in NY State when the agreement was signed 3) He is not providing me with enough income to provide a living.

  • Re: non-compete/non-disclosure

    Before giving an answer, I would need to see the exact agreement and review same under NY law.Mike.

    Michael Markowitz
    Michael A. Markowitz, PC
    1553 Broadway
    Hewlett, NY 11557

  • Re: non-compete/non-disclosure

    Non disclosure and non compete agreements take many forms and if are not against social policy and supported by consideration are enforceable in New York, regardless of the location of the parties.Nondiclosure prevents you from diclosing confidential information.Non compete prevents you from competing with his business within a specifed geographical area for a specified period of time. I have a hard time figuring out why you would sign a non compete agreement when you enter into preliminary discussions. It does not seem to be supported by consideration (what did you get?) and is probably not enforceable.A lawyer should review the documents.

    Norman Nadel
    Norman Nadel, Esq.
    286 Madison Avenue- Room 1802
    New York, NY 10017-6302