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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 05-05-2014, 06:54 AM
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Default question about joint custody and moving away(complicated)

Hello,

suppose you and your ex-spouse have joint custody of teenage children.

Suppose then you decide to move to BC from Ontario, leaving ex in Ontario. What might happen with the children?

Could you tell the children to choose which parent to live with, and you take whichever children (if any) wanted to come with you? Or would they be obligated to stay put?

If the ex-spouse didn't like this idea, what might she/he do in retaliation?

Could the court block you from moving? How? Do they have this power?
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Old 05-05-2014, 09:07 AM
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A parent may choose to move wherever they wish, moving the children is not so simple. In order to move the child one would require a) consent of the other parent or b) a court order.

Telling the child to choose between their parents is horrible parenting. One may as well drive a wedge straight into the kids heart.

One cannot prevent their ex from moving, but they sure can prevent the child from moving. If/when it ended up in court, a judge would have to determine what is in the best interests of the child. Meaning, does the move benefit the child more than staying. Yes, the move may benefit the parent, but if it doesn't provide real and tangible benefit to the child, a court will prevent the child from moving.

The case law for this is Gordon v Goertz.
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Old 05-05-2014, 11:45 AM
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Thanks for the information.

>>One may as well drive a wedge straight into the kids heart.

Well my ex-wife already did all that when she broke up the family.
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Old 05-05-2014, 11:51 AM
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Quote:
Originally Posted by ocean_storm1024 View Post
Thanks for the information.

>>One may as well drive a wedge straight into the kids heart.

Well my ex-wife already did all that when she broke up the family.
A person is entitled to leave a relationship. And comparing leaving a relationship, for whatever ones reasoning is, to asking the kid to now choose between their parents, is apples to oranges.
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Old 05-05-2014, 01:49 PM
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Quote:
Originally Posted by ocean_storm1024 View Post
Well my ex-wife already did all that when she broke up the family.
You should seek counselling from a registered medical professional (therapist/counslelor/psychiatrist/psychologist) who is registered to deliver health care services with a college under the Regulated Health Professions Act, 1991 to discuss how you are feeling. These kinds of emotions "ocean_storm1024" will not make things any better for the children and only more difficult.

You need how to learn how to deal with these kinds of emotions. It could save you 10's of thousands in legal fees...

Good Luck!
Tayken
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Old 05-05-2014, 04:17 PM
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Quote:
Suppose then you decide to move to BC from Ontario, leaving ex in Ontario. What might happen with the children?
Anything you decide, or have a court decide for you. The popular choices are for the kids to either stay with the parent remaining, or move with the mobile parent. Less popular choices are to deposit them halfway between (Regina?) or divide the children (especially difficult on the middle child in a family of 3; everyone wants the top half).

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Could you tell the children to choose which parent to live with, and you take whichever children (if any) wanted to come with you? Or would they be obligated to stay put?
If you and your ex reach an agreement, that is what happens. Otherwise, the courts will decide based on the best interests of the children.

In light of their age (particularly if they are 16/17) their views and preferences may be given high weight. However, their best interests are what makes the determination. Children do not drive the bus.

Quote:
If the ex-spouse didn't like this idea, what might she/he do in retaliation?
Only you can answer that question.

A suggestion they will likely receive, if you attempt to move the children against your ex's preference, will be to file at court to stop the move.

Quote:
Could the court block you from moving? How? Do they have this power?
No. But they can stop the children from moving.

Quote:
It could save you 10's of thousands in legal fees...
Mobility cases have a tendency to be expensive, particularly since there is a time limit on negotiations (the move) and the polar nature of the outcomes may make trial inevitable.
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