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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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Old 07-14-2010, 12:54 PM
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Smile Can I take my kids out of Province

New to this - signed up today. I've seen similar posts but none that address my question. Hoping someone will have been through this or knows what my options are.

I am a father of two kids from a divorce (7 & 9yrs old). My ex and I have joint custody with me having primary residential custody. Although my ex is entitled to see the kids every other weekend and two nights a week, she never comes to get them during the week as she lost her lisence 3 yrs ago (DUI). So... she only sees them every other weekend. We split summer holidays 50/50, week on week off.

Although my vcurrent job is quite decent, I have been offered an incredible job in Halifax (i live in Ontario). What is liklihood that I can go to court and apply to move the kids out of province, and win? I would offer the courts a solution such as flying the kids out for 50% of summer as well as March break, Xmas etc. I want the kids to see their mother but this opportunity could open doors for them down the road as I'd be at a much higher income level.

The Mother is currently on welfare and has refused to get a job for 2 years now. She has just been evicted from her apartment (i think) as she is now suddenly living with her Mother. She cannot take the kids for the next little while because they won't put them up there. Basically she is in a bad spot right now, but this is how it always is with her.

Any suggestions or comments are greatly appreciated.
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Old 07-14-2010, 02:04 PM
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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.
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Old 07-14-2010, 03:35 PM
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Thanks for the advice... I will keep that in mind.
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Old 07-14-2010, 03:55 PM
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Quote:
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.
Agreed.

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).
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Old 07-15-2010, 08:15 AM
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Thanks to all for the help... I will post a brief update to let you know how i made out.
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Old 07-15-2010, 10:00 AM
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Keep us posted! Always interested to know how things turned out.
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