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  • Child Custody

    We live in Saskatchewan, Canada. My son and his girlfriend lived common law for 3 years but split about a year ago. They have a 22 month old son who lives one week with his mother and one week with his father. This arrangement has worked very well for all concerned, but what happens if the mother pursues her education in another province? Would we then be looking at a custody battle in the courts?

    They currently do not have a legal custody agreement.

  • #2
    Hi Hazel,

    If the mother wants to take the child to live with her to another province, she may only do this after she has obtained either permission from your son or an order from the court.

    Judges tend to rule based on the status quo. Also, the court encourages shared custody since children normally thrive in that kind of living arrangement. But, courts sometimes make it difficult for parents to oppose a move. The mother may argue that she cannot get the same quality of education in the city in which she currently resides, but whether or not this fact should warrant such a major disruption in the current access schedule will be up to a judge.

    Unfortunately, there is no clear answer to something like this. Decisions depend on the specific circumstances of your case. You may want to take a look at the results of a child custody move away case in Ontario. I think the best thing for your son to do is to speak with a lawyer ASAP if he ever learns that the mother plans on attending school in another province.

    Lindsay
    Last edited by Lindsay; 07-06-2006, 01:37 PM.

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