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

• How to revise Rental Agreements/Leases

  I purchased a rental property where the present Rental Agreement is poor (and has illegal sections) and not signed by many tenants in files. How can I have tenants who refuse to sign my new Rental Agreement become enforcible to the new Rental Agreement.

  • Re: How to revise Rental Agreements/Leases

    The information you furnished suggests that the situation is probably different from tenant to tenant. Some of them may be on legal long-term leases, some on questionably valid long-term leases, and others, who have expired leases or no leases at all, will simply be month-to-month or possibly 'at will' tenants.You first have to determine the legal status of each tenant, and you may need the assistance of an attorney to go over the leases and other paperwork (deposit receipts, rent-payment records, etc. left you by the prior owner.Then, after you have determined the legal status of each tenancy, you proceed accordingly by negotiating with each tenant for replacement of all the defective and expired leases and for long term leases (if that's what you want) with the month-to-month tenants.If anyone is uncooperative, your right to demand cooperation is dependent upon tenant status. You can give the month-to-month people the choice of sigining the lease you want or getting a 30-day notice.You probably need some help from a local lawyer in all this, and I also suggest you buy and consult a self-help law book on how to be a landlord.

    Bryan Whipple
    Bryan R. R. Whipple, Attorney at Law
    P O Box 318
    Tomales, CA 94971-0318

  • Re: How to revise Rental Agreements/Leases

    If the tenants are month-to-month and you are not in a rent control jurisdiction, serve each one with a 30-day notice of a change of terms of tenancy saying that 30 days after service the attached Rental Agreement shall be effective. Then they don't have to sign it for it to be effective. If the tenants have a longer lease term, serve them with a 30-day notice 30 days before the expiration of each lease. If you are in a rent control jurisdiction, you should see a lawyer.

    Martin Snitow
    Martin S. Snitow Law Corporation
    PO Box 90278
    San Jose, CA 95109-3278

  • Re: How to revise Rental Agreements/Leases

    I suggest you serve a 30 day notice if these are not long term leases. I would be happy to review the leases without charge and advise you on eviction actions if you fax these to me at 714 363 0229.

    Larry Rothman
    Larry Rothman & Associates
    1 CITY BOULEVARD WEST, SUITE 850
    Orange, CA 92868

  • Re: How to revise Rental Agreements/Leases

    If they refuse to sign and if they have no lease then give them a 30 day notice and evict them.Joel Selikwww.4thelaw.com

    Joel Selik
    www.SelikLaw.com
    914b North Coast Highway 101
    San Diego And Las Vegas, CA 92101

• 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

• Rental Agreement

  I signed a rental agreement because I was transferring to AZ and before the begin date of the agreement my employer is keeping me in CA. Am I bound by the rental agreement.

  • Re: Rental Agreement

    In order to answer your question, it is necessary to review the facts surrounding the transaction and what representations were made, etc. etc.You signed a contract and it is enforceable. Do you have a legal excuse to terminate the contract?Can you negotiate the termination? What deposit did you give the landlord? How much time passed between signing the lease and notice to the landlord?

    Donald Scher
    Donald T. Scher & Associates, P.C.
    2200 E. Camelback Rd., #102
    Phoenix, AZ 85255

• rental agreement

  can my rental agreement have this statement in it.Provides that rental payments may be accelerated if the rental agreement is breached by the tenant, unless the provision also includes a statement that the tenant may not be liable for the total accelerated amount because of the landlord's obligation to minimize damages, and that either party may have a court determine the actual amount owed, if any. This is in the Truth in Renting Act under the(1) A rental agreement shall not include a provision that does 1 or more of the following:

  • Re: rental agreement

    Yes. The "unless" provision is the condition that allows the landlord to include the statement.For further information, visit my website at www.lawrefs.com or contact me directly.

    Renee Walsh
    Walsh Law PLLC
    1805 Hamilton Road
    Okemos, MI 48864

• Breaking Rental Agreement

  I was going to move to Missouri and signed a rental agreement and put up a deposit on the apartment. Due to circumstances, I will not be moving. I signed the agreement just two days ago. Can I back out of the rental agreement since it has been such a short period of time since signing it?

  • Re: Breaking Rental Agreement

    Some lease agreement require an application fee but the purpose of this must be discussed up front and at the time you signed the lease agreement. This fee is usually small, i.e. $25.00. Otherwise, the amount deposited is, by law, considered a security deposit for damages to the premises, if applicable, at the end of the lease. If the latter applies, you should be refunded the security deposits, particularly, if you had to default on this lease agreement based on mitigating circumstances or other hardships that are beyond your control. Either way, I recommend that you communicate this lease withdrawal in writing and outline these circumstances because it can back and bite you later on. This includes the Landlord altering your credit report under false pretenses for damages or other causes. I hope this helps, if not, I recommend that you get a copy of the Oklahoma Landlord Tenant Act and review these statutes.

    Marsha Dixon
    Adroit Legal Services, Inc.
    1901 Northeast. 54th
    Oklahoma City, OK 73111

• Rental Agreement Validity

  After buying a rental property does the rental agreement between the previous owners and the tenantsthat were there when we purchased th unit have anyvalidity. I want to take the tenants to small claims court for lack of payment but did not make a new rental agreement out with them when i purchased the property. They left 2 months after I purchased the property. I have a copy of the rental agreement from the previous owners but wonder if I really have anything to stand on seeing my name is not on the rental contract.

  • Re: Rental Agreement Validity

    The answer to your question is - yes, the lease remains valid for a term up to one year after the purchase. Take em' to court.

    Don Darnell
    Darnell & Lulgjuraj, P.C.
    311 Weiser Way, Chelsea Clocktower
    Chelsea, MI 48118

• 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