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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 05-10-2014, 04:55 PM
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Default Relocation and custody??

Hello everyone. I have a legal question ;

(Presently have joint custody, but kids spend most of the time in my home.; they visit their dad one weekend per month.)

I would like to know if the other parent automatically loses custody if he decides to relocate (app. 150 km distance). (Relocating by personal choice, not professional.)

Our separation agreement only says neither of us shall move farther than 50km of town, without first obtaining approval from other parents with 3 months notice OR a judge's consent. The other parent has done neither as far as I know.

Thanks for your input. Let me know if you need more background info.
Suzie.
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Old 05-10-2014, 06:13 PM
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Quote:
Originally Posted by Suzie View Post
Hello everyone. I have a legal question ;

(Presently have joint custody, but kids spend most of the time in my home.; they visit their dad one weekend per month.)

I would like to know if the other parent automatically loses custody if he decides to relocate (app. 150 km distance). (Relocating by personal choice, not professional.)

Our separation agreement only says neither of us shall move farther than 50km of town, without first obtaining approval from other parents with 3 months notice OR a judge's consent. The other parent has done neither as far as I know.

Thanks for your input. Let me know if you need more background info.
Suzie.
Joint custody only refers to decision making... just because a parent is kms away doesn't mean they cannot make major decisions for their children. This is easily done via email if need be. Access is obviously the biggest issue, but just because you have majority of access doesn't mean you automatically get sole custody.

That part of your SA would most likely only hold up regarding access, not custody.

Is there a reason you feel joint custody can no longer work?
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Old 05-10-2014, 06:19 PM
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If father only sees kids one weekend a month and is wiling to drive further to pick up and drop off the kids does it really matter?
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Old 05-11-2014, 10:29 AM
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Quote:
Originally Posted by Suzie View Post
Hello everyone. I have a legal question ;

(Presently have joint custody, but kids spend most of the time in my home.; they visit their dad one weekend per month.)

I would like to know if the other parent automatically loses custody if he decides to relocate (app. 150 km distance). (Relocating by personal choice, not professional.)

Our separation agreement only says neither of us shall move farther than 50km of town, without first obtaining approval from other parents with 3 months notice OR a judge's consent. The other parent has done neither as far as I know.

Thanks for your input. Let me know if you need more background info.
Suzie.
I think the clause in your agreement regarding moving would be more of an issue if you moved with the kids. I know that sounds a bit one sided, but usually those clauses are to prevent the parent whomhas the children living with them from taking off out of the habitual residence of the children. Your ex can chose to live where he wants, as long as he does not expext you to make the journey so he can see the children. I guess you could now consider a similar move if it suited you. Its a bit like opening a pandora box regarding this issue.

Makes no difference regarding decision making. You can still decide which school they attend, whether they jave braces etc etc.
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Old 05-11-2014, 05:14 PM
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The answer is NO. NO. NO.

Nobody ever loses the right to have a say in the life of their kids.

The fact that you asked belies the fact that you do not want the father to have a say in the kids lives.

Love your kids more than you hate the other parent. The other parent is the one YOU chose to have sex with and to have children with btw.

And, I hope you are not planning to move away so you can attempt to steal sole custody. Bad move if an ex parte motion is filed.
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Old 05-11-2014, 06:07 PM
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If father only sees kids one weekend a month and is wiling to drive further to pick up and drop off the kids does it really matter?
I totally agree!
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Old 05-12-2014, 01:15 PM
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What the last 45 years has taught us is that when one parent takes the kids away from the other parent there is a high rate of the kids hating the parent that took them away when they were younger.

All of us know or have heard of kids when they grow up no longer talk to one of their parents.

I have numerous friends that will not talk to one of their parents because that parent used my friend as a pawn in divorce when my friend was young.

Remember, your kids are watching (even if they don't understand it now) and will judge you one day!
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Old 05-12-2014, 05:36 PM
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Originally Posted by FaithandMorals View Post
What the last 45 years has taught us is that when one parent takes the kids away from the other parent there is a high rate of the kids hating the parent that took them away when they were younger.

All of us know or have heard of kids when they grow up no longer talk to one of their parents.

I have numerous friends that will not talk to one of their parents because that parent used my friend as a pawn in divorce when my friend was young.

Remember, your kids are watching (even if they don't understand it now) and will judge you one day!
Solid advice...

My partner's parents divorced when he was around 10 and his younger brother was 6... he still holds a lot of resentment towards his parents for what they put them through... his younger brother doesn't remember much and has more or less forgiven his parents, but my partner doesn't bother with his parents much. We live a couple hours away from them and we visit maybe once every 2-3 months.

Kids eyes & ears are always open...you can't hide things from them...they are smarter than we think.
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