Hello everyone, I have a question about relocation.
History : Been divorced 7 years. Split custody 50/50 until last year, when ex decided to move out of town. (He simply announced his move at the last minute and did not take the kids with him, so all was fine.) In moving, he did not respect our divorce agreement that neither of us should move outside 50km radius of the matrimonial home. He is now app. 2 hours away and the kids see him about once a month. All is good.
My question is : if I choose to relocate in the opposite direction (and have my turn at breaking the divorce agreement), do I need to get a judge's permission (as stated in our agreement) or can I just move away since he clearly gave up his custody of the kids? (my ex would then be at 3-4 hours distance.) What are the steps to be taken to obtain such permission? In your educated opinion, what would be my chances of obtaining such permission? Am I kidding myself in thinking that I've already won this?
My kids are 14 and 11 and I understand that they could choose to go live with my ex instead of following me.
Thanks in advance for your input.
History : Been divorced 7 years. Split custody 50/50 until last year, when ex decided to move out of town. (He simply announced his move at the last minute and did not take the kids with him, so all was fine.) In moving, he did not respect our divorce agreement that neither of us should move outside 50km radius of the matrimonial home. He is now app. 2 hours away and the kids see him about once a month. All is good.
My question is : if I choose to relocate in the opposite direction (and have my turn at breaking the divorce agreement), do I need to get a judge's permission (as stated in our agreement) or can I just move away since he clearly gave up his custody of the kids? (my ex would then be at 3-4 hours distance.) What are the steps to be taken to obtain such permission? In your educated opinion, what would be my chances of obtaining such permission? Am I kidding myself in thinking that I've already won this?
My kids are 14 and 11 and I understand that they could choose to go live with my ex instead of following me.
Thanks in advance for your input.
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