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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 11-13-2016, 09:39 PM
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Default Restricting relocations

This is another item that is missing from my order. Mom can get up tomorrow morning and move. It may or may not frustrate my access depending where she moves to but it certainly would make shared custody and joint custody unworkable.

I may need to bring a motion for some items in the next few weeks and am wondering if is is reasonable to seek an order that mom not be allowed to move from the city. I know moms position is that she wishes to be able to move within 100km but my position is 30km max. An hour drive each way would make the mid week visits nothing but disturbing to the child. I would literally have to do a U turn and start driving back upon arrival.

Would it be unreasonable for mom to get up and move in middle of a custody dispute ? Can that look bad on her? Would that not be an immediate crystal clear material change in circumstance qualifying me to seek sole custody ?


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Old 11-14-2016, 10:55 AM
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Originally Posted by trinton View Post
This is another item that is missing from my order. Mom can get up tomorrow morning and move.
So can you. But, if this happens you bring an emergency motion immediately as this is a material change in circumstance.

Quote:
Originally Posted by trinton View Post
It may or may not frustrate my access depending where she moves to but it certainly would make shared custody and joint custody unworkable.
It would make sole custody and majoirty access to you a very real and attainable thing if the other parent moved without your consent or a court order.

Moves generally happen before any discussion happens or a court order. They are done blindly. You are too far along in your matter for this to happen. So stop worrying about things that are not going to happen.

You are stressing yourself out.

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Originally Posted by trinton View Post
I may need to bring a motion for some items in the next few weeks and am wondering if is is reasonable to seek an order that mom not be allowed to move from the city.
The other parent have a lawyer? If yes, then it probably won't happen. No lawyer in their right mind would continue to represent a client that does a blind move. Especially since your matter has been in discussions. There are crappy lawyers that would. But, from the sounds of it you are dealing with one that has actual family law experience and knows the challenge that it will put their client in.

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I know moms position is that she wishes to be able to move within 100km but my position is 30km max.
It isn't distance it is travel time. Suffice to say, a 30KM radius is common as well.

If mom has expressed a desire to move out of the habitual residential location you need a lawyer to represent you. With the very basic questions you have been asking and the clear anxiety you have... You cannot self represent. You need a lawyer who UNDERSTANDS THE LAW.

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Originally Posted by trinton View Post
An hour drive each way would make the mid week visits nothing but disturbing to the child. I would literally have to do a U turn and start driving back upon arrival.
Again, GET A LAWYER NOW.

Quote:
Originally Posted by trinton View Post
Would it be unreasonable for mom to get up and move in middle of a custody dispute ?
Yes and the worst thing she could do. It may sound like you are going to lose but, she would get slaughtered if you had a lawyer who actually knew what they were doing. It is quite frankly the WORST thing a parent can do.

Quote:
Originally Posted by trinton View Post
Can that look bad on her? Would that not be an immediate crystal clear material change in circumstance qualifying me to seek sole custody ?
Worst thing.
You won't have to seek sole custody because a judge may hand it over as the other parent has demonstrated horrible concern for the child's best interests.

Read my previous threads on relocation of a child. I have lots on this matter and have spent thousands of hours researching this area of family law. It is all in my main thread posts.

You need to seek therapy as well for your anxiety. It is going to eat you up.

Good Luck!
Tayken
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