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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 01-12-2016, 06:06 PM
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Post Need to relocate & need advice....

I have full custody of my daughter who is 12 now. I am starting new life and my future wife is living in another province in Canada. If I move will I lose custody of my daughter.
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Old 01-12-2016, 06:17 PM
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Perhaps you can pay the cost of travel for your daughter to visit your ex frequently? How would your daughter feel about moving away from her mother?
Does your separation agreement have a mobility clause in it?
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Old 01-12-2016, 06:24 PM
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The short answer is probably not (based on the little bit of information you gave).

Sole Custody parents almost NEVER lose custody of their children in a move.

There are other factors though:
-extended family
-why you are moving (cant be for a stupid reason, not to restrict exwife access)
-opinion of child

You have the right to live wherever you want and if its better the kid follow you.
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Old 01-13-2016, 11:02 AM
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I have sole custody of my daughter. Our divorce was finalized in June 2014. The mother has visitation rights of every other weekend which she hardly exercise. She never keep her for a week in Winter Holidays or during Summer Holidays. She never shows up for her school events and parent teacher meetings. There is a mobility clause that if I move more than 60 km outside my current residence then I have to notify the mother.
I would like to move to another city just to start a new life. My daughter is delighted to move away.
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Old 01-13-2016, 11:40 AM
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So you know what to do. Notify the Mother by registered letter that you intend to move. Outline how you will facilitate her visitation. Make a fair effort to maintain the relationship for your daughter.

If your order merely states you have to inform her then do so. It does not state you need her consent. If she objects then she will need to initiate a motion to prevent you to move.
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Old 01-13-2016, 11:43 AM
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OK thank you.
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Old 01-13-2016, 12:49 PM
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Moving to another province in a big move. Yes notify Mom, but if she objects, I wouldn't make the move until you have permission from the court, or mom... if you do move and mom takes it to court, you could be ordered to either move back or the daughter will be ordered to move back. This has happened in other cases. Just be smart about it. If mom is involved like you say, she may not care, but make sure you get approval in writing.
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Old 01-13-2016, 01:03 PM
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To add to what BF wrote, if you don't get approval in writing but also get zero response you can take that to mean they do not object and the lack of objection is implied consent. It doesn't mean you cannot.move if she doesn't respond.

If she DOES object, make sure to take the proper steps through a motion to have it allowed or you could be ordered to return the child to their are of habitual residence.
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Old 01-13-2016, 01:51 PM
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Hi BF you mentioned that it happened in other cases. Can you she some light on the other cases. I know every case is different but I am looking for a case that closely matches mine so I can reference it for my benefit.
Also, this feels like I have divorced her but she can still dictate my life until one of us is dead.
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Old 01-13-2016, 01:53 PM
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I know for sure she will object even though she is not actively involved in the life of my daughter. But just to make my life miserable and show me her claws.
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