Would like your opinion

[daveor]

I am living in Edmonton Alberta and my girlfriend is living in Humboldt Saskatchewan with her four children.I am wondering if she can move with the children to Edmonton with no hassles from her ex husband.he sees the children every two weeks pays no child support and has a chip on his shoulder as to control issues.What I would like to find out is can he stop her from moving through the courts? and if he can what are my options

[Jeff]

Hi daveor and welcome to the divorce forums!

To move away with the children, your girlfriend will need either her ex’s permission or the court’s permission. She can’t just up and remove the children from Humboldt.
The test for whether a court will grant permission is simply whether the move is in the children’s best interests.

It’s really difficult to decide these sorts of cases. On the one hand, as your girlfriend seems to be the children’s primary parent, that works in her favour in a judge allowing the children to move. On the other hand, if the move is motivated simply by a new relationship, that does mean much for the children’s best interests, especially if the possibility of you moving to Humboldt hasn’t been seriously considered as an alternative and she has no other connection to Edmonton.

You should consult with a lawyer right away, if, as you say, your girlfriend’s ex has a chip on his should as to control issues. This is because it can take quite some time for a court to decide the issue and you’re not likely to get her ex’s cooperation.