Father Thriving as Kids Go without

R

ringettteplayer

New member
Can I move if my (our) children's dad says no in an email to me moving but doesnt put forth a motion to stop me from moving? Is there a required timeline for him to file a motion?

(Interim order EOW, 2 weeks in summer needs to be requested by May 1 he made no request.)
 
The title of your post is "Father Thriving as Kids go Without"

What on earth does that have to do with moving?

Anyhow, I don't know your separation agreement, but most do not allow a parent, even one with sole custody, to unilaterally move the kids if one parent disagrees.

More importantly, why would you do that to your children? I'm going to guess that you are not a big fan of your ex, but he is still the children's father, and moving them away from their father is going to hurt them terribly.
 
As I recall (please correct me if I am wrong), both you and your ex started out in Ontario. Your ex moved to Alberta and you moved out there afterwards. Then your ex moved back to Ontario and you moved back to Ontario.

Technically you can move wherever you want to but moving your children is an entirely different matter.

Sounds like your kids have been moved around quite a bit.
 
Maybe just wait for Dad to move again!

But in all honesty you can do what you want, however you may live to regret your decision if Dad suddenly decides to file a motion to bring the kids back. So best to seek some legal advice and make decision based on sound legal grounds.
 
I don't think you can move. You would be in contempt.

There is a judgement already ordering EOW access, so unless he accepts you would need a new order with new access rights.

If there was NO judgement then you could move.

Kids don't need dads.... kids from fatherless homes do great....
 
Janus said:
Nah, he'll get the money back from you when you get costs ordered against you for the motion he brings. He won't lose much at all.
Click to expand...
+1, if I were him I would use it to build my case against you as alienating my kids :) - before long you'd be destitute, lost your kids and your family.... You have been ordered to give him access, failure to do so is contempt.
 
Oh ok perfect i forgot about going for costs! I can always ask for double i mean really i will need a shiny lexus as the safety feautures.....

Omg seriously you guys seem really bitter you are picking on a happy mom!

TBH 2 of my kids 16&12 who have asked to move back home not me!

keep your chins up guys the sunshine feels better that way! Eyes forward looking towards the future, happiness is a choice.
 
No you cant move without his permission. However, I think you could file a motion on your own. It all depends on the details though. Does moving mean a better job, closer to support system, better schools etc? What is the status of the relationship with your ex? Does he exercise his access, is he an involved parent etc?

Its not really fair to gang up on OP if shes in a situation where she is cut off from her family, has no employment prospects and the kids dad has screwed off doesnt pay support or spend time with them. He could very well be hiding under a rock and just saying no because hes a dick.

You could offer to pay his travel expenses to see the kids...
 
Thanks so much rockscan for your open mind! Yes he is hiding under a rock and he pops up once a month maybe once every 2 months for a weekend with our children. He is a full fledged ticketed journeyman who has been unemployed for 5 months told the lawyers he doesn't see getting a job anytime soon so he has had 2 stay of enforcements consented too, over $40k in arrears and not one dime of c/s in months!
I work 3 jobs and raise my children! If i were to move since I upgraded in university this past winter I could apply for one job have better pay better hours and most importantly my kids could be around family and reacquaint with friends. Personally I think he could see them just as often as he does now! We would all be happier and he can parent too when he can geography makes no difference it seems puffing his chest out for control does though!
 
If your ex is still in Alberta then it stands to reason that he might legitimately be unemployed if he is in oil patch-related occupation.

I do not see any problems of you moving to support your family, particularly if you currently receive no CS from him. You can simply file a motion and get approval of court to relocate your family. Of course you would likely need a bonafide offer of employment to pave the way. Judge may or may not adjust arrears to reflect his circumstance and to make it financially realistic for him to exercise his parental rights to spend time with the children.... whether he does is probably not relevant to the judge.

IF he has already received 2 stays of enforcement then the courts have already acknowledged his circumstances.
 
SOE's were consented too with the understanding that he would be understanably collecting EI. However there is no EI coming in? So I don't understand how he is able to sustain w/no income?
 
If he was self-employed and didn't pay into EI then he would be unable to collect it. Presumably you are going through MEP Alberta? He would have had to produce a Statement of Finances to MEP at some point. Usually SOE's are time-limited (6 months). MEP can collect up to 50% of EU. If you are not registered with a maintenance enforcement agency you are out of luck.
 
ummm Alberta economy is in the tank. Tens of thousands of people have been LAID OFF from their high-paying jobs in Alberta and Saskatchewan. Your ex is certainly not the only one. He may have to look at retraining for another type of job.... years of school... or he too may have to look at relocating.

Sad but it is the reality out there. Many people are suffering. Many people have moved back to the provinces they originated from.

If I were you I'd plan on a future without any financial assistance from him, at least until he finds work again.
 
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