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Removing child from province

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  • 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

  • #2
    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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    • #3
      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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      • #4
        pick your battles....

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        • #5
          Usually travel consent isn’t required for out of province. Either way, the child is a teenager and is able to travel alone. Your consent likely won’t 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 wouldn’t 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


          Sent from my iPhone using Tapatalk

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          • #6
            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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            • #7
              At 17, he would decide to go even without your travel consent so nothing you can do.

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