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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 06-10-2015, 02:38 PM
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Default Flight risk?

I don't mean to be paranoid...What are the danger signs of abduction? How can I tell if ex is flight risk. She told me last week she is traveling out west to scope out if it is a good place to live (friends there). I said it's beautiful out there but our kids aren't moving. She replied that at some point the kids get to decide where they want to live. I reasserted that our kids aren't moving and she left without another word. Since then she won't reply to any messages. There is nothing holding her down here. What steps could I take to prevent this? We have court order for shared for two kids and full for me for the other.
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Old 06-10-2015, 03:15 PM
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She can move wherever she wants, but the kids can't. When you say "shared", do you mean 50/50 residence? That won't be possible if she's on the other side of the country, so she can't move there without violating your order.

I know other posters have dealt with this - I believe there's some way of filing a motion to prevent the children from being moved somewhere that shared residence will not be possible, but I'm not sure how to do this. You might ask your local Family Law Information Centre.
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Old 06-10-2015, 03:16 PM
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Yes, 50/50 residence.
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Old 06-10-2015, 03:35 PM
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Is there a relocation clause in your agreement?

It usually states that neither party can move the children's residence a certain distance (10-50 km) from the current location without the written consent of the other party or a court order.

As far as I understand, unless she has sole custody or at least primary residence, she doesn't have a leg to stand on.
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Old 06-10-2015, 03:40 PM
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I guess my concern is more what if she tries to do it regardless.
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Old 06-10-2015, 09:52 PM
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You can't go on what if's. When she does this, you file an emergency motion to have the kids returned. You already have an agreement or order, you can't get something forcing her not to move.
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Old 06-10-2015, 09:58 PM
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You can file a Motion with the court....there is a clause in my agreement that states I can take her to court and challenge the moving/have our agreement changed should she move further than 200km away
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Old 06-10-2015, 10:56 PM
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He already has a court order which implicitly says that the kids can't move. Getting another order is pointless, if she is willing to break one order, she would break two. And in this case the court would bring back the kids without any lengthy mumbo-jumbo.
One thing she can do is to start a motion and ask the court to allow the move. If this is the concern, look around on canlii. some of the moves were approved, some not. In all cases there was a good and understandable reason to allow or deny the move, so it is easy to foresee what the result of the motion would be in your case.
(mom has friends there: nope. Kids would stay with you.)
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Old 06-10-2015, 11:12 PM
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How old are the children? How would you think they would react if they were given a choice. I guess technically they do not have much of a say until they are older. But I,think if they are teenagers I do believe a judge has in the past taken that into consideration.

Seems she is giving you some warning.
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Old 06-11-2015, 08:40 AM
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the kids are 8, 10 and 13. If given a choice, I'm fairly certain they'd opt to stay. Who can tell when it comes to younger ones and their moms. The oldest would 100% stay.
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