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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 03-13-2014, 05:03 PM
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Default Mobility Clause

My husband and I are separating.
We have agreed what will happen. House is paid for outright so he has agreed to pay me a lump sum so he can keep it. All my assets such as RRSPs I keep, he keeps his. He keeps all the furniture and vehicles. He will keep his pension.

I will be moving back to the UK with our son age 12 - we are both British/Canadian citizens and my husband is Canadian. This has been agreed between us.
He will continue to pay child support as per the federal guidelines. He basically spends no time with our son despite attempts from myself to change this - in case anybody wonders why this seems so easy. There will be contact via telephone, skype and I have offered to set up accommodation for him should he want to come to the UK and visit our son (that has been refused but I will keep the offer open).

My questions are:

Does this paper have to be legalized in court? Or do we just both need independant legal advice?

The big question for me. Is there a way to put a mobility clause in the separation agreement to state that I have the right to live wherever my son and I choose. Basically we would like to make sure I won't have any issues moving within the UK if we have to and also travelling in Europe once we are there. I am not sure what wording would need to be in place.

Thank you!
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Old 03-13-2014, 05:26 PM
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Before you make the move, make SURE you have a signed separation agreement and you both have independent legal advice. As long as you have it signed by a lawyer, it is as good as a court order. Should you move before this is done, expect him to file a motion to have the child returned and to have exclusive possession of the house.

As for the mobility clause, your child is 12, he can basically decide where he wants to live, his wishes certainly would be considered. If you are successful in moving to the UK, the mobility issues is really a non-issue, as Dad obviously is seeking little access. Others may have a more concrete answer on this however,
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Old 03-14-2014, 09:47 AM
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Quote:
Originally Posted by Tiguan2014 View Post
Is there a way to put a mobility clause in the separation agreement to state that I have the right to live wherever my son and I choose.
You can live where ever you like, your son may be restricted. How much restriction really depends on you ex. Such a broad clause as you can live anywhere will likely receive resistance. A clause allowing you to live in England, with specified access provisions to your ex, is more likely to succeed and is more common.

It really just depends on what your intentions are. If it is to get to England and use there as a launching pad to move elsewhere, you ex may agree, but I wouldn't. I would want a clearly specified jurisdictions, ones that are subject to the Hague convention, as being the place (or limited places) I would agree to you relocating.

Clauses allowing one parent to move to another country are not uncommon (where both parties are ok with it). You just have to find wording that he will agree with.

Edit - receiving ILA will definitely be recommended. If you don't, and your ex comes to his senses in a couple months, he could argue he was distraught etc and wants to the child to return to the matrimonial home. Should you get an agreement allowing you to move, with ILA, I would recommend filing the agreement with the courts. It may not have much factual impact, but it gives it greater credence.

Last edited by HammerDad; 03-14-2014 at 09:49 AM.
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Old 03-14-2014, 10:52 AM
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I just want the clause so if we rent somewhere in the UK, I am free to move us elsewhere depending on the length of the rental and employment etc. I don't want to be restricted to one specific area of the UK. I don't plan to move out of the UK with my son at all.

Does anybody know how to word this mobility clause?

Thanks so much for all the input.
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