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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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  #1  
Old 11-16-2019, 12:18 PM
SRT SRT is offline
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Default Removing child from province

Recently my ex had provided an airplane ticket to our child so that he could join her out of province. It was unnecessarily put on him to tell me this within hours of departing. There was no notification provided to me or a request for consent to travel by my ex, under Final Order. The child did return back home and despite being 17 years old, he still falls under the restrictions of the court order, being a child.
Since we will be going to court over the change in custody and CS, would it be best to bring this up in the motion or would it only apply in a contempt of court motion?
Thanks
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Old 11-16-2019, 12:37 PM
LovingDad1234 LovingDad1234 is offline
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Normally Separation Agreements and/or Court Orders have clauses dealing with requiring the consent of the other parent for out-of-province travel. The child did return safely so likely it'll be a slap on the wrist in court. Focus on solidifying the change in custody and CS in court rather than the misdemeanor.
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Old 11-16-2019, 12:59 PM
rockscan rockscan is offline
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It was for a visit not permanently taken away from you. There is no need for a fight over something that is irrelevant.

Unless you want to spend a pile of money to point out you were inconvenienced its not worth worrying about.
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Old 11-16-2019, 07:05 PM
standing on the sidelines standing on the sidelines is offline
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pick your battles....
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Old 11-16-2019, 07:20 PM
Berner_Faith Berner_Faith is offline
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Usually travel consent isnít required for out of province. Either way, the child is a teenager and is able to travel alone. Your consent likely wonít be required. Child can decide where to spend their time and the reality is at 17, if they wanted to move to the other province you wouldnít be able to stop them. So while you may think your court order still says where the child must stay, reality is, if it went to court the child would decide


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Old 11-18-2019, 09:59 AM
HammerDad HammerDad is offline
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Travel consent is generally reserved for out of country travel, not simply out of province within Canada. Though your order may specify otherwise. However, given that the child came home, this is non-issue. It may have been a vacation or some alternative arrangement made between them. And being 17, the child should be capable of doing same.

While it isn't quite kosher, it isn't something I would make a big deal out of.
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Old 11-18-2019, 11:52 PM
ele110 ele110 is offline
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At 17, he would decide to go even without your travel consent so nothing you can do.
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