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| Parenting Issues This forum is for discussing any of the parenting issues involved in your divorce, including parenting of step-children. |
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#1
11-17-2009, 01:19 AM
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Mobility Issue
Hello,
Recently my ex-wife separated from her husband. He was an abusive alcoholic who has been in jail for several months awaiting trial. He has also abused my daughter and she may need to testify. My ex-wife has never lived on her own, always jumped from one man to the next. In fact, within several weeks, she was already surfing online dating sites. I live in Toronto and she is about an hour east of me. According to my children, she has met a man from Montreal, and they have shared several weekends together in Kingston. Tonight she sent me an email asking if I would be OK with her moving to Ottawa as she has been offered a "job opportunity" there. Naturally I told her NO and that I will never allow her to move my kids outside of Toronto as it would create a visitation nightmare. I also question her motives for the move because she has no family there, and no other reason to move to Ottawa aside from her own selfishness. She is obviously interested in moving closer to Montreal to continue her relationship with this man and is not considering my children in all of this. Such a relocation would clearly harm my relationship with my children as they would be five hours away from me. As an FYI, my daughter is 14 and my son is 10. I am not certain if there are any laws that would keep me from blocking this move if she decided to go against my will. Is an out of city move similar to an out of province move in the eyes of the law? Any help would be appreciated.  TVeith |
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#2
11-17-2009, 08:32 AM
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What sort of custody arrangement do you have in place? Are there any clauses in your separation/ divorce agreement regarding moving?
My understanding is she must gain either your permission or the permission of a court in order to move, whether it is to another city, province or country. This is true regardless of how little or often the other parent sees their child/ children. As far as moving for a job opportunity, the onus of proving this to a court is on her, and the court will always put the best interests of the children first. It is generally accepted in Canadian family law that regular contact with both parents is in the best interests of the children |
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