Tough situation - Girlfriend Pregnant - Common-Law ?
- Thread starter Seaman_Navy
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Shadow Cat said:
Uhmmm. You are in a totally different situation from him aren't you??
You are married (or common-law) thus qualify for the PMQ.
If he went to Kingston he may get a quarters as a "single"...ie no girlfriend living in there with him. "Single" guys living in 3 bedrooms....just as the previous posters have put it...if there is an abundance of empty PMQs...then singles may move into them (but not their girlfriends...). Until he is married, common-law or has the child...he is not entitled to move his girlfriend into a PMQ or a "singles quarter PMQ." (or to move her anywhere at public expense for that matter as they are not legally related as your and your DH are).
Your situation is not applicable to his circumstances.
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If he was able to get a Q that had three bedrooms isnt he entitled at his own expense to move her in there with him? I mean technically at some point the girl has to be able to move in or there would never be common law reltionships once you joined the forces. As I said before be prepared to pay for the move yourself if it is approved.
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You'll find that most career manglers are "cold hearted SOBs" while the Rercuit is undergoing training. Until he's trained - Very seldom is it an issue of what he wants... BQ, SQ & DP1 Trade qualifications are relatively short length courses and the Forces typicaly expects personnel undergoing training to live AND sleep within course / Coy lines. Once you've qualified and the CF figures out where they're sending you - then they'll be real happy to look after the move and make PMQs available.
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I am talking about getting a Q in that response. If and if he can get a Q he should be entitled to move who he wants in at his own expense, shouldnt he?
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Oh. Are those the apartments that you get a bigger space but have to share a washroom still?
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Shadowcat:Shadow Cat said:
There are PMQs (for married people) and there are those PMQs that are designated as ESQs (Enhanced Single's Quarters) on some Bases.
ESQs are available on some bases due to lack of "families" or "married couples" to move into them. ESQs are the exact same thing as PMQs (except that they are designated for "single" personnel). There may be an ESQ located right beside a PMQ.
It is cheaper in the long run to have a single pers move into an empty PMQ and pay the heating costs than to leave an abundance of 'empty/famliless' PMQs for which the Crown ultimately foots the bill to heat. And, on some bases 2 or 3 single military pers move into one PMQ which has been designated as an ESQ (like here in Gagetown).
Regardless, a PMQ that is being occupied by a single person becomes a designated "ESQ" and the same rules apply as that of the single person living in the more traditional on-base "shacks/singles quarters." You can not move your boyfriend or girlfriend into the shacks...nor can you move them into your ESQ. So it'd be pretty hard to claim common-law status by moving an unauthorized person into your shacks and then trying to claim that the enhanced singles quarters address was their official residence for common-law purposes.
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So out of curiosity as I am kinda new to all of this...how does one become common-law while living in military housing? I mean there must be a way. How does one do it?
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A solid way to do it is to collect bills you paid of some nature or mail, indicating and proving you have been with your boyfriend in the same residence (or with him if there are more) for at least 6 months, and take it to whatever clerk is applicable to him to sign the necessary paperwork. It can sometimes take a while so don't hold your breath.
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That is exactly it...one can not become common-law while they live in designated "Single" military housing as, legally, they can not have their boyfriend/girlfriend living with them. To do this they must get an apartment/house on the civy side of the fence (not a military single quarter).Shadow Cat said:
The other way to become entitled to PMQs is to get married. Or the date the child is born (because on that day the military member legally and technically does have a dependant - his/her child-).
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Check out para 5.
CFAO 19-41 -- COMMON-LAW RELATIONSHIPS
PURPOSE
1. This order amplifies QR&O 1.075 insofar as it relates to the
recognition of common-law relationships by the Canadian Forces (CF).
RECOGNITION
2. The criteria for the recognition of marital relationships by the CF
are set out in QR&O 1.075. That regulation states, in part:
"(1) For the purposes of Volumes I and III of QR&O, an officer or
non-commissioned member is considered to be married to a person
only if the member and the person
(a) have gone through a form of marriage recognizable under
Canadian Law as establishing a legal marriage; or
(b) are living in a common-law relationship recognized pursuant
to paragraph (2) of this article."
3. The conditions for recognition by the CF of a common-law relationship,
as set out in QR&O 1.075(2), are as follows:
"(2) A commanding officer may, upon application by a member in the
manner prescribed in orders issued by the Chief of the Defence
Staff, recognize the member's common-law relationship where the
member establishes by affidavit or statutory declaration signed
by both persons in the relationship that they:
(a) are of opposite sexes;
(b) are not prevented by law, for any reason other than one or
both of them being legally married, from entering into a
legal marriage in Canada;
(c) have resided together as husband and wife continuously for
at least one year immediately preceding the application or,
if a child has been born to them, are residing together as
husband and wife with the child;
(d) undertake to hold each other out as husband and wife; and
(e) are authorized by law to reside in Canada on a permanent
basis."
4. To comply with the phrase "not prevented by law" in subparagraph
(2)(b) of QR&O 1.075 the parties to the relationship must:
a. be of sufficient age to marry without consent in the province or
territory in which the application is made (18 years outside of
Canada), or have obtained the necessary consent of a parent or
guardian;
b. have sufficient mental capacity to lawfully consent to the
relationship; and
c. not be related to each other to a degree that would preclude a
valid marriage under the law of the province in which they are
residing (Ontario law if outside Canada).
5. [size=10pt]The continuous period of at least one year referred to in subparagraph
(2)(c) of QR&O 1.075 may include periods of involuntary separation for
such reasons as temporary duty, attached posting or unaccompanied posting
(eg, a six-month UN tour). However, the couple must have resided together
as husband and wife during the remainder of the one-year period .[/size]
CFAO 19-41 -- COMMON-LAW RELATIONSHIPS
PURPOSE
1. This order amplifies QR&O 1.075 insofar as it relates to the
recognition of common-law relationships by the Canadian Forces (CF).
RECOGNITION
2. The criteria for the recognition of marital relationships by the CF
are set out in QR&O 1.075. That regulation states, in part:
"(1) For the purposes of Volumes I and III of QR&O, an officer or
non-commissioned member is considered to be married to a person
only if the member and the person
(a) have gone through a form of marriage recognizable under
Canadian Law as establishing a legal marriage; or
(b) are living in a common-law relationship recognized pursuant
to paragraph (2) of this article."
3. The conditions for recognition by the CF of a common-law relationship,
as set out in QR&O 1.075(2), are as follows:
"(2) A commanding officer may, upon application by a member in the
manner prescribed in orders issued by the Chief of the Defence
Staff, recognize the member's common-law relationship where the
member establishes by affidavit or statutory declaration signed
by both persons in the relationship that they:
(a) are of opposite sexes;
(b) are not prevented by law, for any reason other than one or
both of them being legally married, from entering into a
legal marriage in Canada;
(c) have resided together as husband and wife continuously for
at least one year immediately preceding the application or,
if a child has been born to them, are residing together as
husband and wife with the child;
(d) undertake to hold each other out as husband and wife; and
(e) are authorized by law to reside in Canada on a permanent
basis."
4. To comply with the phrase "not prevented by law" in subparagraph
(2)(b) of QR&O 1.075 the parties to the relationship must:
a. be of sufficient age to marry without consent in the province or
territory in which the application is made (18 years outside of
Canada), or have obtained the necessary consent of a parent or
guardian;
b. have sufficient mental capacity to lawfully consent to the
relationship; and
c. not be related to each other to a degree that would preclude a
valid marriage under the law of the province in which they are
residing (Ontario law if outside Canada).
5. [size=10pt]The continuous period of at least one year referred to in subparagraph
(2)(c) of QR&O 1.075 may include periods of involuntary separation for
such reasons as temporary duty, attached posting or unaccompanied posting
(eg, a six-month UN tour). However, the couple must have resided together
as husband and wife during the remainder of the one-year period .[/size]
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Just a quick word from an old curmudgeon here - then I'll leave the thread.
If you are in a long-term relationship (IE - long enough to be considered common-law by the military - 1 year), and you are committed to that relationship, why not get married?? The legal effect is the same as common-law.
I find the whole idea of "declaring common-law status" for the sole purpose of obtaining military housing repugnant, shallow, and rife with the potential for future problems in the relationship.
As stated in the first sentence - I'm an old curmudgeon and therefore, from your point of view, probably don't "understand" modern relationships - on the other hand, maybe I'm right. Your call.
Good luck to you.
If you are in a long-term relationship (IE - long enough to be considered common-law by the military - 1 year), and you are committed to that relationship, why not get married?? The legal effect is the same as common-law.
I find the whole idea of "declaring common-law status" for the sole purpose of obtaining military housing repugnant, shallow, and rife with the potential for future problems in the relationship.
As stated in the first sentence - I'm an old curmudgeon and therefore, from your point of view, probably don't "understand" modern relationships - on the other hand, maybe I'm right. Your call.
Good luck to you.
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I'm not a lawyer (not even of the barrack block variety), but this looks intended to covers per already in a unit residing at their home base, not somebody undergoing basic trg/QL3/etc.
I had a soldier in my troop go through the common-law status business, and while it didn't seem "above board" to me (he and his missus were living in his parents house), that still counted as living together. From the sounds of what you had defined, I would say that you are not in a situation where the CF will do much for you, and I would be hesitant to use someone's "I heard of a guy......" or "somebody on Army.ca told me that I was entitled to....." as anything solid. And resist the temptation to lie, and say that you were living together for a year (many people have done so): you would at that point be considered common-law (i.e equiv to marriage) and also subject to disciplinary action WHEN "they" find out ("they" always seem to find out....)
Good luck, and 6 months goes by pretty quick (especially when you get avoid all the bouts of her morning sickness and late night cravings ;D )
Al
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armyvern said:
In Kingston, our neighbour was single and had his girlfriend that he met a couple months before , move in. He just asked for permission to have her move into the Q and it was granted.
On another note.... an easy way to just get a Q.... Elope!
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