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Old 09-18-2012, 10:41 AM
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Join Date: Jan 2012
Posts: 8
nsiceman is on a distinguished road
Default mother and son moving closer to dad

Hello everyone. This is my second time coming to you for advice. My daughter lives in NS with her 3 year old son. The dad works in Northern Alberta for 21 days on and usually 10 days off. Right now visitations are every 2 months for 10 days and seem to be working out extremely well. My daughter is thinking of moving back to CAlgary but not sure if this will be a permanent move or not. I assume if she moves the NCP will ask for monthly visits which is perfectly fine with my daughter. My issue is what happens if she stays in Calgary for up to a year ( who actually knows how long!!!) and then decided to move back to NS with her son. Would this be allowed if the father tried to block her and insist she now stay in Alberta so that his visitations are easier and more frequent. To date, a seperation agreement is not signed but should be any week now and the divorce should also soon be finalized. They have been separated about 32 months now. Any thoughts to share. Both parents are now getting along but this can change quickly as I'm sure many of you know. Just concerned in case things don't work out well in Calgary.
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Old 09-18-2012, 11:43 AM
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Join Date: May 2010
Location: Hamilton
Posts: 3,726
HammerDad will become famous soon enough
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If she stays out there for a good length of time and the ex exercises their parenting time regularly, status quo would build.

Yes, she would be at risk of him filing a motion to prevent removal of the child. Arguments would then be made by both sides as to why the child should move/stay. A judge will then determine whether or not the child should stay/move based on what they believe to be in the childs best interests. The longer she stays and the ex regularly exercises their parenting time, the greater the risk. If she is there for <1 year, risk is going to be less than if she stays for 3+, as the child would have at that point grown roots in the community.

So, there is risk. However, one should not make a determination on choices like this based off of "what-ifs"...
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Old 09-18-2012, 03:38 PM
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Join Date: May 2011
Location: Ontario
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Berner_Faith will become famous soon enough
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Before moving..is the daughter sure this would be in the best interest of the child? Yes it would be great to be closer to Dad, but what are her reasons for relocating? Better school? job? better neighbourhood?
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