Can't find any similar caselaw or anything to compare too:(

[Harmony]

I can't seem to find any answers to my questions and am having a little bit of difficulty even getting answers from the lawyer I have consulted with recently. I hope that maybe one of you can help me. I have moved back to Quebec and have been living here for 3 years since the Ontario court has allowed me to move with my son back home. I used to live in Ontario where I had first moved with my ex-husband. It didn't last very long and we divorced after 1 year. All I wanted was to go back home and he could keep everything else; home, car and furniture.

After a long and exhausting battle in court I was granted the right to move back home with my son. My ex-husband sees his son once a month or mostly every long week-end. He still resides in Ontario while we live in Eastern Quebec. My current husband has been working in Edmonton for the last 2 years and travels back and forth every month or so. This is getting extremely difficult on us and we wish to remedy that by moving the whole family to Edmonton. I also have found a very good paying job there and would like to relocate.

I have NEVER tried to stop or hinder the relationship between my son and his dad and frequently go out of my way to make visitation better for him by giving him more time during summers and what not. I believe that it is very important for him to have a relationship with his dad regardless of the hostile marriage I had with him. I couldn't say the same about him however... but that is besides the point.

He still lives in Ontario (western), pays 100$ child support due to being unemployed for the last 2 years and lives with his parents. The order also stipulates that he could resume every other week-end visitation if he ever moves to Quebec.

Now that you are aware of the situation these are my questions:

1. How do I go about this move?
2. Who do I ask permission too? Ontario court or Quebec court?
3. Even if he lives in another province can he stop me from moving to Edmonton given the situation? (I know he will try out of spite)
4. Would he have to file through Ontario or Quebec?
5. Can I move if I continue to abide by visitation rules?


Thank-you for taking the time to read this long post and I look forward to any help!

[Mess]

1. Call a moving company.

2. Your divorce and custody order was in Ontario, you should file in Ontario, this is an extension of the same case. The father will certainly file in Ontario if you do not.

3. Custody can be challenged and reopened at any time. Certainly he can try to stop you. He has a snowball's chance in hell, but he can try.

4. He would file in Ontario. Your custody order is through the Ontario courts, either of you seeking to change it would go through Ontario. If you were both residing in Quebec, you could probably do it there. You aren't actually seeking to change anything, you have custody and you have established mobility. It is up to him to challenge it, you don't need permission unless that was written in as part of your existing mobility order.

5. You can move, no one can stop you. The father can only seek to try to take custody. There is an unforseen change in circumstance, and he has every right to try to reopen the custody issue. However what grounds does he have to win? None I can see. You are correct, if you were denying access, then he might have a case.

The distance from Western Ontario is probably roughly equal to either Edmonton or Eastern Quebec, as you seem to be implying. This wouldn't add to the travel time or the cost. What possible grounds does he have then? Only you can answer this.

[logicalvelocity]

To me - Its a material change if the other parent contests your move to Edmonton with your child in common.

As you indicated, the previous court found the child's move to Western Quebec was in the child's present and future best interest. The move to Edmonton might not be and will result in fresh inquiry to determine.

Also, leave for an Ontario Court (S.C.J.) to determine jurisdiction would be required, considering the child is a Quebec resident.


Leading - material change, best-interest, mobility issues:

Supreme Court of Canada - Decisions - Gordon v. Goertz

[Harmony]

Thank-you for response. I can now begin to understand how this will go down. I will let you all know the outcome.

Thanks again=)