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I (CP) in Canada BC separated in 2001, was awarded interim sole custody and interim guardianship for only child of the marriage and interim reasonable/generous access for NCP. Reconciliated after 3 month.
2003 separated again court order which says order of 2001 is still in effect and new order awarding interim spousal/child maintenance for CP .
2006 JCC consent order which states that there is no reasonable prospect of reconciliation between Plaintiff and Defendant and NCP shall have interim access on specified dates with access reviewd on May 1, 2006.

I am using Selfhelp Kit provided from Supreme Court BC. There are two types of divorce 1. Joint action 2. Sole Action, where sole action splits in Undefended and Defended Divorce. It will be a sole action.


1. Which one do I have to use - undefended or defended?

2. Is the application for divorce a separate case or will it involve child issues like access, change of interim custody/guardianship too?


Thanks for your time.

Hello,
I am not clear about if I can get divorced or not.
I separated in 2001, got order with sole custody/guardianship for child of the marriage, reconciliated after 3 month and separated finally in 2003 with order which says order of 2001 is still in effect plus arrangements for spousal/child maintenance. 2006 consent order with more details on access for NCP. When can I get divorced? I can not afford a lawyer so I am using the selfhelp kits. I am in Canada BC. On the Supreme Court website they state there are two types of divorce 1. Joint action 2. Sole Action, where sole action splits in Undefended and Defended Divorce. It will be a sole action but which one fits to my case - undefended or defended? The consent order from 2006 is for review on May 1, 2006 which for sure will continue with further action from the other party (I believe). Can the divorce be done without going into detail with child issues. Or does it mean as long as there issues going back and forth I can not get divorced?
Thanks for your time.

I didn't want to point anything in particular. Issue was the car seat. And as I said I do not feel comfortable to have the child sitting in the front without booster. All he needed to do is tell that he goes for a ride with the child and needed our booster. Is that to difficult?

'he is not communicative' was actually my reply in regards to the previous post from JONI where it was asked: Have you spoken with your Ex about it?
 As for the communication, what would you do if your ex doesn't respond, speak, write, or communicate somehow with you, not even about any child related issues? He can hear what I say, but ignores everything.  He picks up the child without saying anything and drops off the same way. He does not keep the visitation schedule, also I told him x-times when his visitation is.  Do you think it is ok that Dad drops of the 4 yr old without even looking if someone is at home, leaving the child alone and unsupervised. Is it to difficult if he just would yell in 'Hello-anybody home' (Communication!)? Can you imagine what the child went through being left alone in the house even if it was just for a few minutes until I ran over from the neighbours because of the screaming?
   
Well and in regards to women and second class, that is exactly what my Ex yelled again and again during our marriage 'Women are second class and have nothing to say, so shut up you fucking bitch' (infront of the child).  So why should he suddently listen?
Here is a real bash: Big Penis - Little Brain!

Good luck!

I find it nonsens and waste of money to take him to court because of that. I just feel not comfortable since I know how unsave his truck is. Unfortunately he is not communicative and never listens to what a woman has to say. Women are second class.
At least he is buckling up with an unsave lap belt.  

Thanks for your coments.

We are in BC. Unfortunately there is currently no law for the so called 'forgotten children' age 4-8 that requires to bukkle them up in a booster. It is only a recommendation.
It probably needs some more children to die first until they change/make the law.

We are in BC. Unfortunately there is currently no law for the so called 'forgotten children' age 4-8 that requires to bukkle them up in a booster. It is only a recommendation.
It probably needs some more children to die first until they change/make the law.

bad news - all provinces of Canada, except the province of Quebec, do not require booster seats by law for children age 4-8.

That means my Ex can put our child at safety risk and I  have to accept this? I have sole custody and guardianship. Can't I forbid him to do so?

I am in Canada and the government regulations say:
Use a booster seat from 18 kg (40 lb.), generally from about age 4 1/2 to 8 years.  Children are ready to use a booster seat when they are over the maximum weight or height for their child seat — but no sooner than this!  

Use the vehicle rear seat and seat belt (ideally with a shoulder belt) from the time your child has outgrown the booster seat, from about age 8.

So can I understand that it is against the law and unresponsible by the driver to have the child in the front seat without a booster seat (this truck does not have rear seats) ?

Is it ok that my Ex drives our 4yr. old in his junky work truck without carseat/booster?  I was the opinion it is law to have this safety meassurement until child reaches certain age/height/weight - am I wrong? Thanks.

Hi, this is not for a passport application.
Our son was born outside of Canada and is holder of a passport of the country where he is born and citizen of in first place.
So a foreign passport exists already. Would he be able to get info from the foreign embassy about the passport and be able to put a note on it. Ex does not have copies of sons passport nor does he know passport number.



>Proof of Custody  
>      
>TWO PARENT SIGNATURE REQUIREMENT OR OTHER PROOF
>
>U.S. Passport applications for children under the age of 14
>now REQUIRE both parents' signatures as provided by Public
>Health Law 106-113, Section 236, effective July 2, 2001.
>Information on the new requirement is provided below.
>Both parents or child's legal guardian must:
>1. Present evidence of child's citizenship AND
>2. Present evidence that they are the parents or guardian AND
>
>3. Show valid personal identification AND
>4. Sign and take oath before an authorized passport acceptance
>agent.
>If the second parent is not available to sign, the appearing
>parent must:
>1. Do the above AND
>2. Present evidence that he/she has a) sole legal custody of
>the child OR written consent of the other parent for the
>issuance of the passport OR written statement explaining why
>non-applying parent's consent cannot be obtained.
>If no parent is available to sign, the third-party in loco
>parentis must:
>Appear with a notarized written statment or affidavit from
>both parents or custodial parent(s) authorizing the
>third-party to apply for passport. When the statement or
>affidavit is from only one parent, the third-party must
>present evidence of sole custody of the authorizing parent.