New member - can I leave the province with my kids?

[mochamichelle]

I am leaving my husband after the discovery of yet another affair - my question - and it may have already been asked here - can I leave the province I am in now (he is military - we move every 4 years or so) and return to my home province where my supports are with my kids?
I do not have a separation agreement - at this point - my husband does not even know I am planning on leaving as he is unaware I know about the affair. He is away on training and returns end of November. I hope to be gone by then.
Any thoughts?
Thanks in advance.

[logicalvelocity]

mochamichelle,

If your in Ontario, at law both parents are equally entitled to incidents of custody of the children or in other words at law both parents have coextensive custody of the children. I believe you would need the other parent's consent to just take the children out of province. If you just decide to leave one day, without the other parent's knowledge and consent, and the matter is subsequently litigated through the courts, the proper jurisdiction would be where the children lived before the uproot. I suspect the courts may order the children back to their original location. No one can stop you from moving, that right is guaranteed by the Canadian charter of rights and freedoms. However, it is not a guarantee that you would be able to take the children. The courts might prohibit their move. The leading case law on mobility rights is Gordon v. Goertz. If the matter is litigated, custody of the children would be the prime issue and such the best interest would apply.

lv

[logicalvelocity]

mochamichelle,

Read this thread as it dealt with mobilty, links to cases

http://www.ottawadivorce.com/forum/s...ghlight=TERRIS

and

http://www.ottawadivorce.com/forum/s...ghlight=TERRIS

lv