Mobility

[Ottawa401]

My question is regarding mobility.
I have a 7 year old child and my seperation agreement has a mobilty clause stating I can not live 80 km out of the city but I have remarried and had another child with my new spouse (who moved to the city to be with me bc I could not leave) and he is being transferred back to his hometown. My husband and I have been together for 4 years and we have worked out every angle to stay here, he commutes furing the week to his home city which is still in the same province but 4 1/2 hours away.
When my ex spouse and I divorced I did bring up mobilty bc neither of us or from the city and after being on my own I had no family or support system but I could not afford the court fee to fight to move back to my home town, only a job kept me here.
Where my husband is being transferred to we have family and a large supprt system and are willing to bring my child to visit his father and reduce child support payments to free money for him. As I have another child I need to look at her needs as well. Also I am a stay at home parent now? Any advice??

[Foredeck]

There is 3 options that you could follow.

#1, give up custody. It is the easiest, but probably not an option for you.

#2, get an amended agreement in place, and chances are you will have to cover your ex's travel expenses. You can move, but it can not affect your ex's time or financial situation.

#3, you could fight for custody. Since there is material change as far as custody goes, you could go to court over this. Chances of winning vary, depending on many details. Do you have full custody or shared custody?

You will have to prove that it is for the best interest of the child to move.

Also, the judge will look at past decisions, while you were married. He will look at why you settled in that city, and if you relocated during your marriage/relationship.

The best thing would be to negotiate with your ex, if he only has them part time now, maybe offer having them during the summer, long week-ends and Christmas holidays.

[singledad99]

Your offer sounds very reasonable to me and I don't think your ex should refuse to accept that. I would suggest when you send the offer to him, list down the advantage of such move to your child and not to your present husband.

[today]

What are your current custody arrangements? Could be an uphill battle, the courts generally do not like to upset the status quo with out very valid reasons.

[Ottawa401]

We have shared custody. Primary home with me alternate weekends with his Dad and and a weeknight visit as well.
I just don't know if the courts take into consideration that my husband has to move and I feel caught bc I have to choose between my son being near his bio Dad and my new baby and keeping my family in tact or staying in a city on my own with 2 children.

[Foredeck]

I just don't know if the courts take into consideration that my husband has to move and I feel caught bc I have to choose between my son being near his bio Dad and my new baby and keeping my family in tact or staying in a city on my own with 2 children.

For custody, the courts don't really care about your new husband, it's not about him. It's about your son. So, what is best for him. He needs both his parents in his life, and just because you want to move doesn't mean it's best for him.

The court will ask you why should your ex be punished because you want to be with someone else.

I think you should negotiate with him. You won't get much worse then what you are proposing, and it could get very ugly and become a long court battle.

Good luck, if you're reasonable with your ex, shouldn't be a problem.