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My X has recently moved our daughter 56km away from home base, against my insistence that our daughter remain in the current area to attend her school of 4 years.
Questions I have concerning this:
1. If a joint custody parent (wo primary residence of the child) undeniably refuses to consent to a move which would change the child's already established school and regular routine, would the moving party (parent w primary residence) be in breach of the terms of an Order for Joint Custody?
2. If the child had resided in the marital home for a period of 4 years while she was enrolled in school, attending extracurricular activities in the community, had established friendships and the entirety of her family present, is the party whom is living in the marital home, with an Order for primary residence of the child within an Order for Joint Custody, not responsible for the any/all of the following;
(a) giving no less then 60 days notice of the intended move's location?
(b) allowing the other Joint Custody parent the option to purchase the marital home prior to any outside/third party sale?
(c) offering the other Joint Custody parent, the opportunity take or at least file for residential care of the child if the move is over 50km away?
3. If custody and access issues have been started in the courts prior to the intention to move, the offered sale of the home, the purchase of the new residence, etc; is the moving party not obligated to have the physical relocation of the child approved by an Order, or at least some form of notice made, to the court?
4. In a situation such as this (where the moving party is hostile, and parental alienation has become common practice), would residence of the child not be highly favoured to the party which remains in the primary city, who is able to maintain the child's regular routines and relationships?
5. What steps (if any) can be taken to bring the child back to the primary city on a temporary/interim basis to ensure the "status quo" and "home base" for the child has not been completely corrupted by a hostile parent?
Any advice would be greatly appreciated
Thanks!
Questions I have concerning this:
1. If a joint custody parent (wo primary residence of the child) undeniably refuses to consent to a move which would change the child's already established school and regular routine, would the moving party (parent w primary residence) be in breach of the terms of an Order for Joint Custody?
2. If the child had resided in the marital home for a period of 4 years while she was enrolled in school, attending extracurricular activities in the community, had established friendships and the entirety of her family present, is the party whom is living in the marital home, with an Order for primary residence of the child within an Order for Joint Custody, not responsible for the any/all of the following;
(a) giving no less then 60 days notice of the intended move's location?
(b) allowing the other Joint Custody parent the option to purchase the marital home prior to any outside/third party sale?
(c) offering the other Joint Custody parent, the opportunity take or at least file for residential care of the child if the move is over 50km away?
3. If custody and access issues have been started in the courts prior to the intention to move, the offered sale of the home, the purchase of the new residence, etc; is the moving party not obligated to have the physical relocation of the child approved by an Order, or at least some form of notice made, to the court?
4. In a situation such as this (where the moving party is hostile, and parental alienation has become common practice), would residence of the child not be highly favoured to the party which remains in the primary city, who is able to maintain the child's regular routines and relationships?
5. What steps (if any) can be taken to bring the child back to the primary city on a temporary/interim basis to ensure the "status quo" and "home base" for the child has not been completely corrupted by a hostile parent?
Any advice would be greatly appreciated
Thanks!
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