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  • Wanting to move with my kids

    Hi All,
    I just stumbled upon this wonderful site and thought I would ask a question or 2....
    I am divorced with 2 children ages 12 and 10. I share joint custody with primary residence with me. I told my ex back in March that I wanted to move to the US. I even visited there to look at real estate while he looked after the children. I finally found a house and was planning to move just after xmas when I was served papers from my ex trying to block my move. He claims that I never told him about moving. I went to court on Dec 19 and "lost" do to the fact that my ex was working out of town and the judge issued another court date in mid Jan. My ex works on cruise ships most months of the year. When he is home he lives in a hotel and takes the kids full time (usually for 2-3 weeks). I have already bought the home in the states, quit my job and given up my rental home here. The kids want to move with me. I offered to give him full visitation like he has here and have the kids full time during holiday school breaks but he wont talk to me.
    What are my options?
    Can I win this?
    In the worst case scenerio what happens if I leave without the kids?
    (He says he will quit his job, find one locally and rent a house)
    Any ideas???

  • #2
    Mobility disputes are difficult. Even sole custodial parents have a significant burden establishing why it is best for the kids that they move far away from their other parent, and you're talking about another country.

    Your having purchased another home without getting the father's consent seems premature. Joint custody presumes that parents make decisions together. If I were a lawyer, I would argue that you weren't being very cooperative by presuming to move without the other joint custodial parent's agreement.

    Notwithstanding that the father is on the road very often, it may be difficult to argue that the children would enjoy the same access to their father if they lived in the United States.

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    • #3
      Hi All,
      Just an update... I won my case and have now been living in sunny Georgia for the past 4 months. My ex is coming out in June to visit the kids for 2 weeks. It can work...

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      • #4
        Originally posted by wanting to move View Post
        Hi All,
        Just an update... I won my case and have now been living in sunny Georgia for the past 4 months. My ex is coming out in June to visit the kids for 2 weeks. It can work...
        Good luck to you, your kids and your ex in this situation. It seems like youguys have figured out a way to make it work.

        Comment


        • #5
          Great to hear that you won. And that is not out of any vindictiveness. I too had to go thru that process & won. It is true that the courts look for reasons. Primarily what is in the best interest of the child. Stability economics etc. What I encountered with my case is My ex was sucessful in having my residence restricted to our town based in a temporary order. 16 month later we recieved a final order and this condition was not in the order.
          Upon short notice we had to accept a job out of town. (2 hrs away) Much improved situation. By my ex filed a motion to stop the move. It was not granted as the Judge held to the most recent order (final) and saw that it would be better.
          Yes in some situations it can be tough, esp if moving out of country or province. But hopefully all involved should realise that life is seldom predictable, we can only speculate to a certain extent where we will be say in 5 yrs. Life throws curve balls this recession is a good example. The parents there fore should strive to be flexible where they can for the childrens sake.

          Comment

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