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  • Moving within province question

    Can my moving within the province be legally challenged and or blocked by my ex? I have sole custody. New distance would be 7hr drive between homes.

    Thanks,

    Paul

  • #2
    Do a search on "mobility" in this forum.

    If she contests it you will have one helluva hard time.

    Comment


    • #3
      I would be curious to see(without searching this forum) how that holds up if my move is job related. I am military. Postings can be turned down/fought but that always comes with career consequences(not officially mind you). I will do that search though. She has not contested the idea. I just like to be informed.

      Thanks!

      Comment


      • #4
        The reasons are irrelevant. YOUR job, YOUR reasons, YOUR consequences are not the concern. The court's only concern is the children and their best interests, which include not removing their mother from their life. Unless you can prove that there is a reason she should not be in their lives, it would likely be next to impossible to get a court to consent to allow you to move them away.

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        • #5
          @blinkandiamgone:
          Fair enough. I always have my childrens best interest at heart. One of my children is special needs and unless you have similar...believe me u dont know how much they come first and foremost. I would like to think a court would consider all angles though. I would only accept a posting that is within province and closer to hometown so that my children would benefit from having greater family contact. Something which they currently lack due to distance. Such a move would not remove their mother from their lives. She does drive and so do I. Many military families in similar situations come up with the "meet half-way" solution. She is also from the same hometown. I was just curious if such a move could be blocked.

          BTW: The emphasis on "YOUR" was not required. I would have got the picture regardless.

          Comment


          • #6
            well the meeting halfway part is great but a 7 hour car ride one way nevertheless for the kids. How is that in their best interests? Not sure what your childs special needs are but is a 14 hour car ride round trip something that they can handle?? More family contact is good but still moving away from their mother. So instead of lacking contact due to distance with your family, it would be with their mother instead.

            Do not try and be underhanded in this or it will bite you in the ass. Put the question to the ex and see what she says. You either have nothing to worry about or can start the legal stuff to see if the courts will allow you to do it.

            Comment


            • #7
              Originally posted by PaulP View Post
              I would like to think a court would consider all angles though.
              I would like to think that the incredibly beautiful woman that came into my office the other day will stay the night, but I'm not hopeful. The other angles you would like to think the court will consider will be more than trumped by the significant reduction in the kids' access to their Mom.

              Dude the 'ol work argument has been there and done that many times. Do the mobility search and you will see a lot of lively and at times vicious debate about this topic.

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              • #8
                How would it affect your schedule? If the kids go to school in your area, then your ex would have only weekends. Are you willing to give her 3/4 weekends (i.e. you get one weekend per month)?

                Being military, is it expected that you would move every few years? That would be a big argument for the kids to keep going to school in your ex's area. Which would mean that YOU are the one giving up midweek access.

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                • #9
                  One of my children is special needs and unless you have similar...believe me u dont know how much they come first and foremost.
                  I have successfully stopped an interprovince move with my own children. So believe me when I say I have been in your EX's shoes and know how easy it is to block this kind of thing.

                  I would like to think a court would consider all angles though. I would only accept a posting that is within province and closer to hometown so that my children would benefit from having greater family contact. Something which they currently lack due to distance.
                  The court will consider everything and determine what is in the children's best interests if you and the ex cannot agree. The contact with their mother, particularly if she is a regular part of their lives, uses all her access time, etc will trump any increased family contact. Of course, if you were military when you two were together, you could argue that having to move because of your postings is a normal and established status quo of which she is well aware.

                  You have to be prepared to defend you position, so if you have anything you can get from your commanding officer or military regulations/etc to support your case that your ability to refuse a posting is difficult if not impossible, then that would help.

                  Increased contact with BOTH sides of the family would again be something you would argue as a benefit to the move.

                  Such a move would not remove their mother from their lives. She does drive and so do I. Many military families in similar situations come up with the "meet half-way" solution. She is also from the same hometown. I was just curious if such a move could be blocked.
                  Blocked and blocked quite easily if she chooses to put up a fuss. You have a slightly stronger argument for it than most, particularly if you were in the military during the relationship with the ex. However you can play things 100% perfect and still lose. The ex can screw it up pretty good and still stop it.

                  Your best bet, by far and away is to get her on board with the move. If that means you have to give up extra time over the summer or holidays, or reduce any child support she may be paying, or do 50% if not 100% of the driving for access, then that is what you do.

                  And as a tip, simply up and moving without either getting agreement in writing from the ex, OR having it validated through the courts will most likely result in you being ordered to return the children to the current city of residence immediately. It'll hurt your case to move quite a bit. (My ex tried this, she lost and lost quite badly due to trying to circumvent the court...the judge was NOT impressed)

                  Comment


                  • #10
                    Originally posted by PaulP View Post
                    @blinkandiamgone:
                    Fair enough. I always have my childrens best interest at heart. One of my children is special needs and unless you have similar...believe me u dont know how much they come first and foremost. I would like to think a court would consider all angles though. I would only accept a posting that is within province and closer to hometown so that my children would benefit from having greater family contact. Something which they currently lack due to distance. Such a move would not remove their mother from their lives. She does drive and so do I. Many military families in similar situations come up with the "meet half-way" solution. She is also from the same hometown. I was just curious if such a move could be blocked.

                    BTW: The emphasis on "YOUR" was not required. I would have got the picture regardless.
                    Not trying to be mean, that's just the way family law works and for a reason. If the courts accepted every parents' justification on why it's worth it to move (job, family, school, new spouse/child etc) their children away from their other parent, a lot of people would find ways to justify it to simply further their own agenda.

                    It's in the children's best interests to see their mother as much as possible and not have to jump through hoops to do so.


                    Originally posted by dadtotheend View Post
                    I would like to think that the incredibly beautiful woman that came into my office the other day will stay the night, but I'm not hopeful.
                    I didn't have a sitter

                    Comment


                    • #11
                      I would like to think that the incredibly beautiful woman that came into my office the other day will stay the night, but I'm not hopeful.
                      That was MESS in drag...celebrating his divorce. DTTE what have we told you about using the "special flask" in the bottom drawer too early in the day?

                      Comment

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