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  • Hypothetical question...

    If a custodial parent needed to move in order to secure full-time, permanent employment, would it be a problem if the ex is NOT exercising access s/he is entitled to, and hasn't done so for a year or more?
    The possible move wouldn't be across the continent, so the NCP would still be able to see kid(s) alternate weekends and holidays, which would be no change from present status quo. The NCP has NOT exercised access during the week for over a year.
    Just wondering...

  • #2
    I was in this same situation but didn't go the legal route, I just took my daughter and moved 45 minutes away to a better town where I could afford to buy a house on a nice street instead of living in low income housing in the large city i was currently in. I don't recommend doing this (so spare me the backlash everyone please) because you could be forced to move back, but in my situation my ex didn't even care and nothing changed.
    If he isn't exercising his rights to access and the move will be in the best interest for you and your childrens future then you need to bring this as a motion and it could very well be granted. If he is not exercising his rights to see them he may not even care enough to show up at court. Mine never has.

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    • #3
      I have often wondered this too, however in a slightly different light.

      My partner is the NCP parent, however exercises his parenting time on the regular schedule and also takes every opportunity to have the children more. Their mother is in a new relationship with a man that lives 2 hours away from their home town. Things are getting serious and she has made mention of looking for a new job.

      Currently we live an hour away from the children, this move would make them over 2 hours away from us, but we are not sure if there is really anything that can be done, as it would not change our access any. The only difference in, both her and his whole family live in the area they are now and this move would take them away from their friends and family they have known their whole lives.

      In your situation, I think it would be best to provide proper notice (does your SA mention anything about this) and ask for consent. If he contests, you can then initiate court action if it really is in the best interest of the CHILD. But in order to ask for costs, you have to show that you were reasonable, if you just move and/or just initiate court action without trying to work it out, outside of court, you may not get awarded costs and may be hit with his costs.

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