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Legal Ease
Legal Ease, Lawyer
Category: Canada Family Law
Satisfied Customers: 95859
Experience:  I am a practicing lawyer and have also been an online professional for 5 years.
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Good Afternoon I have been separated 8 yrs and divorced

Customer Question

Good Afternoon
I have been separated 8 yrs and divorced for 3, I just purchased a new home and sold my current residence where my 10 yr old son and I live. I am moving to a different city, my ex currently drives 34K to a mutual drop off local, and after move it would be 39k. I have been going after him for arrears approx. 17K from wrong disclosure of income. 10 days prior to our first court appearance he serves me with I can not move motion, and is delaying court times providing me with very few days to have a home address should our settlement conference not provide relief via a mutual agreement which I feel could be unlikely. My Separation agreement states only I am to give him 90 days notice, which I did, and that we are too negotiate access nothing in regards ***** ***** I can move too or from.
My questions are.
My closing dates are June 30th. He can't make a conference until June 17th, which is set. Should I look for an alternate address for myself and son? We have joint access and he has provided a narrow area which I can live, outside of where I have purchased.
My ex and I currently live 88Km apart, the new residence is 122Km apart and I'm willing to drive the distance, what is a likely judges response to this move?
If it carries on past June 30th do I need to get his approval on where we live?
Submitted: 6 months ago.
Category: Canada Family Law
Expert:  Legal Ease replied 6 months ago.
You do not have a legal right to move your child out of the jurisdiction without the consent of the other parent or a court order allowing you to move. If you move ahead of time it is possible that he would take the position that you have committed parental abduction and seek an emergency order on an ex parte basis (without notice) for interim sole custody. A better approach for you to take would be to find out at the court if you can have this one limited issue of moving the child treated on an urgent basis, given the closing date. If this is done on an urgent basis you can likely get before the court in two weeks. Given that you are prepared to drive the extra distance there is no reason at all for a court not to grant you the right to move, as this will not impact the relationship between your child and the other parent in any way.

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