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Old 07-14-2010, 03:55 PM
HammerDad HammerDad is offline
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Join Date: May 2010
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Originally Posted by NBDad View Post
By far and away your best option is to get your ex on board with this. You can play things absolutely perfectly and still lose this if you go as far as court.

You need to lay out exactly why the move would be better for the children. Show actual tangible benefit to them. (ie. Better schools, less metropolitan area with less crime, more opportunities, etc, etc.)

The financial benefit is only a small part of that.

If your ex chooses to contest this, she can screw it up a fair bit and still win. Perfectly played, you have MAYBE a 50% chance of pulling it off. If she plays it perfectly as well, you have 0 chance.

The courts will have to weigh the benefit you are possibly able to provide against the negative of the mother being less involved in their lives.

Her financial and employment situation are not material to your case IMO. What is material is what is in the best interests of the children. You would have to prove to a fairly extensive extent that moving the children to Halifax for you to pursue this opportunity is in the childrens best interests. This will be extremely difficult if she should decide to turn on the water-works and portray you as trying to take her kids away from you.

You will also have to ensure you offer her fair and reasonable access with the children in order to compensate for all lost access/parenting time. You already split summers, well, you may have to give her the entire summer, every march break and see if you can still split christmas. You may also be obligated to pay to fly the kids over to her (or her to halifax) 2-3 long weekends a year, or alternatively waiving child support to relieve the burden of the mothers travel to exercise her access periodically throughout the year.

You must also take into consideration the childrens wants, as they are getting near the age where they may determine who they want to live with (~12yo).