RowanDu,
Just an opinion
How old is your child again? I perceive the child to be younger. The child is is no position to make that decision of where it wants to live. No weight would be given to a very young childs opinion. What you have received is a version of the mother's opinion. This would also be considered heresay. Who knows what they told your child if your child did indeed say that. It does appear on what you have said that she is not very child centered.
I would think you have a material change of circumstances on your hands. As you mentioned, Your x's boyfriend has a new job, keyword in that is """Boyfriend""". Is their a current custody order in place or is it defacto custody.
How much notice has she given you? Does she currently rent?? Generally speaking when a person moves, I believe they have to give 60 days notice to their landlord. Why didn't they give you 60 days notice? Where are they going to live in Kitchener. At a moments notice they retained a proper suitable place to live with a child. Sounds like they have been planning this move for awhile.
One question to ask is How stable is she? Sounds like this move is spontanious. Another factor to look at is if the move was allowed per say, not only will your child and your relationship may be stressed, but also that of extended family etc. What about your child's friendships? Is your child in school? Will a move not be very disruptive to your child. The move may jepordize his school year etc.
Everything will be based on facts. If she moves and takes your child and no arrangements are made for continuation of a realtionship with you ie: as an example alternate access etc and also she does not have your permission, this will look very bad on her. If it was me, I would call your lawyer, try to arrange a late day or early evening apointment ASAP!!!!!!. I think your only option to stop her would have to do an emergency motion ex parti without serving her. She would not be required to attend due to the nature of the emergency. The judge would only hear your evidence. These motions are risky sometimes. The court would hear the motion in your current location. Court hearings are generally held where the child resides. You don't want to fight this battle in Kitchener. The court may hear your emergency motion they may issue interim interim orders preventing the move and generally have you serve her the documents and give her an opportunity to respond and bring the matter back with her evidence within 14 days.
I think you have a good chance to stay the child from moving until a proper hearing is held. What is the exact status of their realtionship. Are they common law? One thing to look at is they are not married. See the difference. Per say, what if they break up in a year or two? Will she move again? The best interest of her or best interest of the boyfriend is not necesarily the best interest of the child. I think you have a very good chance of preventing the move of your child. You can't stop her from moving, she has that right protected in the constitution in canadian charter of rights and freedoms but you may be able to stop your child from moving.
