Custodial Parent Moving Child

[Selfrepmom]

I’ve read some threads on here that relate to this but hoping I can get some opinions on this specific issue.

- Parents separated 9years ago.
- Child almost 11
- Child lives with custodial parent(CP), access with NCP is EOW by court order but it is now more like EOW, plus at least one night through the week, and half or more of all major holidays including summer vacation (this is what the child prefers)
- Parents currently live 15 mins apart
- CP has moved 3-4x over the past 6 years (but all keeping within 15 mins of NCP)
- CP has had 3 different partners live with them and the child over the course of 7 years, non of which have worked out for more than a year or two
- CP has switched the child’s school 3x since they started kindergarten
- NCP has had same job since child was born
- NCP has been in a long term relationship for 8 years (married for 1) with the child’s step parent
- NCP has lived at same address with their spouse for 6.5 years now
- Child just told NCP that they need to move out of the house they live in with CP and are moving to a town in a different school district an hour away
- CP confirmed this with NCP and said they will be moving by the end of the month
- Child has expressed to NCP that they are not excited at the prospect of moving to a strange town and having to start at another new school
- Child has x2 siblings at NCP’s home and a slew of friends in the neighborhood
- Child has no siblings at CP’s home


Best course of action?

[rogue77]

Most kids wouldn't be excited at the idea of moving or changing schools. Does it violate a court order?

[Selfrepmom]

Original court order does not have a mobility clause

[StillPaying]

Time is of the essence. You need a lawyer, fast, if you hope to stop this. IMO the 3 moves/schools already, plus being eow, works against you. More weight will be given to the CP - if their life improves, so will the child's.

Review the posts from Tayken.

[416excouple]

NCP has a good window of preventing the move if you act quickly (i.e. an urgent motion) because your parenting time will be impacted .

First thing to do is to write an email stating expressly that NCP does not agree to the move. All previous moves were okay being that they were 15mins. An hour away is more like more 45km+.

Also NCP now have a window of being the custodial parent if the CP insists on moving and the court prevent the move. Mobility rules is clearly stated in CLRA and divorce act.

In addition, 2 step siblings (NCP step children) for the child is a big factor that that will work in ensuring the court prevent the move.

Again, act now! Don't delay.Delay is dangerous and will be seen that you acquiesce to CP actions.

Does the child and the step siblings go to the same school too?

[Selfrepmom]

One step sibling and one half sibling. They do not go to the same school but NCP is able to accommodate child continuing to attend their current school if CP insists on moving.
Also important to note that child has an IEP and the constant uprooting causes a lot of stress and learning interruptions for them while they adjust to the new environment.

[Selfrepmom]

Time is of the essence. You need a lawyer, fast, if you hope to stop this. IMO the 3 moves/schools already, plus being eow, works against you. More weight will be given to the CP - if their life improves, so will the child's.

Review the posts from Tayken.

Very familiar with Tayken’s posts, they are always helpful.

The CP is not moving for a new/better job opportunity (they will most likely get a transfer with their current job) or to be closer to family. They simply like the area. It is quiteremote so will have lower rent costs, although the area they are currently in is not abnormally high

[arbortrail22]

Hi- This form is now required to inform of a move. You should send this over while you look for a lawyer to put on retainer. First step is a letter from lawyer disagreeing to the move.

https://www.justice.gc.ca/eng/fl-df/...ncpr-aclr.html

[StillPaying]

A lawyer's letter may do the job as a scare tactic, but in this case I don't see success for NCP at court.

1. 9 years later, NCP is still EOW.
2. Child moves and changes schools every 2 years; it's their normal.
3. Apart from a little extra travel time, NCP access is not unreasonably affected.
4. NCP may get a slight discount on child support for travel.

With that, if this move has no benefit to CP and is simply "just cause" - then it'll be easy for you.

[Selfrepmom]

1. 9 years later, NCP is still EOW.

To be clear, EOW is the court order. Over the past 3-4 years it has evolved into much more at the request of the child. NCP now has child 1+ night a week on top of the EOW, plus at least half of or majority of all holidays which has now become a solid status quo.

2. Child moves and changes schools every 2 years; it's their normal.

Child started at School 1 in kindergarten. In grade one, child was moved to School 2. Child attended that school all the way up until December 2022 (grade 5). CP moved child to School 3 this January without informing the NCP. None of these changes have been to accommodate a new/better job for CP, or the result of purchasing a house. Until now, any move has kept the child within 15 mins of NCP
Also important to note that child has recently received an IEP and has a known learning disability. The proposed new school does not provide additional/special support and is in a completely new school district

3. Apart from a little extra travel time, NCP access is not unreasonably affected.

4. NCP may get a slight discount on child support for travel.

The difference between 15 mins and an hour drive is not “a little extra” and would make the 3-4 year status quo of overnights through the week impossible. Also, why would NCP be responsible for the extra travel time if the move is permitted?

With that, if this move has no benefit to CP and is simply "just cause" - then it'll be easy for you.

Move is not for a new/better job. Move is not to be closer to family. Move is not the result of purchasing a home (aka improving family’s financial standing). CP likes the idea of living rurally and wants to find a cheaper rental (although current location does not have astronomical rents and CP has a decent salary that can accommodate a 2 bedroom rental in this area just fine)

My thoughts are an urgent motion asking for:

- A mobility clause keeping child within the radius from NCP that has been status quo for 9 years and for child to continue attending their current school (based on child’s wishes, need for stability, best interests of child with learning disability/IEP)

- An order that CP must consult with and receive consent from NCP before changing child’s school throughout the remainder of their time in elementary school (to prevent any more unnecessary school moves even within this area)

- If CP insists on moving, a change in primary residence which would have the NCP accommodate the child continuing to attend their current school and would also have the NCP provide the CP with liberal amounts of parenting time

- If the move is permitted, an order that CP will uphold the current status quo parenting time and will accommodate all travel needs themself

Thoughts?

[Selfrepmom]

Hi- This form is now required to inform of a move. You should send this over while you look for a lawyer to put on retainer. First step is a letter from lawyer disagreeing to the move.

https://www.justice.gc.ca/eng/fl-df/...ncpr-aclr.html

Would it be more appropriate to require a notice of relocation in this situation? NCP’s time with the child will be affected as a result of this move (status quo weeknights would cease along with Friday nights as well), not to mention the only way to access this remote town CP is moving to is via a highway that is well known for its accidents year round and has already had 4+ road closures this winter alone due to deadly accidents

[StillPaying]

My thoughts are an urgent motion asking for:

Sounds like a good plan to me. Certainly what I'd do.

Reality though, the extra 45 minutes may not be unreasonable and shouldn't affect NCP's access.

While sending CP a letter asap, I would request the reason for the move in writing. It'll come down to that really...I don't see a change in custody. Ask for NCP to do all traveling, unlikely, but failing that request the reduced cs.

[Selfrepmom]

I don’t see a change in custody either, but my thoughts behind putting it in there as an option for an order is
a) showing NCP’s willingness to continue to accommodate child in their current school/community environment and
b) will shake up CP enough to reconsider the move or at the very least agree to a consent order that they will do all the driving for NCP’s parenting time

So to summarize, next steps should be:

1) Ask CP to fill out a Notice of Relocation (assuming this will affect NCP’s parenting time to some degree) including details of why the CP feels the move is required

2) If CP comes back with a detailed plan on how they will accommodate current parenting time and an actual good reason for moving child to a different school district, just get CP to sign consent order that they will do driving. Nothing more can likely be done

3) If CP comes back with no legitimate reason behind the move that will improve the child’s life and is not willing to accommodate current parenting schedule moving forward, respond with a denial to the request to relocate child

4) If CP indicates that they will be moving forward with the move w/o NCP consent, file an urgent motion asking for previously stated orders

Am I in the right zone on this?

[StillPaying]

I would consult with a lawyer. Seems like you've already been notified and the clock's already ticking. 2 and 3 should take no more than 48 hours to find out, then book a motion/follow the lawyer's advice.

[noteasy]

The process for moving changed 1 or 2 years ago. They have to apply even if there are provisions in the court order. A real pita. Can post link later.