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Old 03-24-2019, 04:55 PM
Romans13 Romans13 is offline
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Question Can I move overseas?

Hello, (thanks for this website forum! learned a lot thus far)

I am divorced quite a long time from my children's other parent.
I have pre teen children from marriage.
50-50 shared parenting.
Paying child support of course.

I got remarried and have a child from new relationship. Current spouse is from another country and is isolated in Canada, and wants family ties and our child to grow up with family ties overseas. I do not blame spouse. No ties to Canada, except me. New spouse also has good job offer overseas. (I will get a job too as supporting all of my children is priority).

Am I able to move overseas? Do I need to get permission from a judge?
If I am able, I will of course pay child support.

thing is: I have done research, and I will not be able to do my current profession overseas, but willing to do anything else to get an income. As a result; I will be earning a bit less than I currently am. Will I be forced to pay CS based on what I earned in Canada? or will it be adjusted to what I actually earn overseas? (of course; IF I am able to move overseas). In addition, do I have to wait 6 months before re-adjusting child support; or can I tell a judge that my circumstances of changed, upon pending move?

I also would want LIBERAL time with my older child as much as possible over holidays, etc etc. I want them to come visit me; and I will visit them. Will a judge allow and approve of this? Can my children's other parent prevent them from coming to me?

(To add: I know my children's other parent would never allow me to take the children with me on a potential move and they are not at an age to decide yet.)

Can I do this myself, or need a lawyer?

thanks.

Last edited by Romans13; 03-24-2019 at 04:56 PM. Reason: add
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Old 03-24-2019, 05:15 PM
standing on the sidelines standing on the sidelines is offline
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you can move where ever you want.

You have 50-50 so why would you want to lose that?
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Old 03-24-2019, 05:20 PM
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arabian arabian is offline
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I note the "if I am able" I will pay child support. How honorable of you.

Is the country you propose to move to part of the Hague convention? If not then absolutely the other parent can object to the children visiting you. I suspect you already know this and have already made your decision.
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Old 03-25-2019, 11:26 AM
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Janus Janus is offline
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Quote:
Originally Posted by Romans13 View Post
Will I be forced to pay CS based on what I earned in Canada?
Why not? You could have continued to earn that income, you decided to deliberately reduce your income. That is textbook "impute income" scenario.

Quote:
Can my children's other parent prevent them from coming to me?
Can your children be prevented from coming to visit? Of course. Will they be prevented from coming to visit? As Arabian said, a lot depends on whether the country is a signatory to the Hague convention.

That said, you have no ties to Canada, which means it is hard to enforce judgements against you. That means it is hard to just trust you. I would expect to be visiting Canada until the kids are in their mid teens.

Quote:
Can I do this myself, or need a lawyer?
You don't need to do anything, just move. Let the mom bring a motion to impute income, she might decide it isn't worth it.

If you are hoping to create a custody schedule that enforces visitation against a mother who would not be agreeable, then that is probably very complicated. Therefore, you will certainly need a lawyer . If you are going that route, I recommend you impute income to yourself to avoid that mess because otherwise the focus will be on the money instead of the parenting time.
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