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You do not have the right to move your child out of the juridstiction. To be able to move your child out of the juridstiction you need the father's consent, or else a court order.
You would have to prove to the court that moving the child is in the child's best interest. Given how closely involved the father is with the child's live it is not likely that a court would see that the move is in your child's best interests.
I suggest that as a next step you have a face to face consultation with the most experienced family lawyer you can afford. You should make sure that the lawyer is experienced in "mobility rights."
You do not have to try to convince me. I understand how you feel, but I just want you to understand that the court will not consider that you earn more money than the father. You will have to show that living in a new jurisdiction will be better for your child than living close by her father.
This all makes your case stronger.
So see a family lawyer as I suggested and see what you can do.
Essentially document what happens on a weekly basis in terms of who has the child when and for what reason.And document when the father doesn't want her and refuses her and when he doesn't want her but takes her under duress.
The system doesn't care about you or the father. The law is exceedingly clear and the court may only consider the best interests of the child.
It is fine. No court will care about that.
But the court will not care. Judges don't care about this.And it is certainly not grounds for your being able to move the child away.
It is important that you try and focus on the bigger picture than bring in details like this that will simply make the court think you are trying to make the father look bad.
Yes you can take him to court to require him to pay what he must pay for extraordinary expenses.
A separation can be enforced through the court and then once that happens it has the same force and effect as an order.
The law is that financial matters are not relevant and that your having sole custody isn't enough. You need permission of the court and as an experienced family lawyer I am being honest and saying it is not going to be easy to get this. I didn't say it's impossible and you have a lot going for you but it is going to be hard.
So you can afford a top lawyer and that is really whom you should be retaining.
Ok, well I certainly hope this can be worked out, and my heart really goes out to you.
I wish you the best of luck, you are very welcome.
Separation agreements are actually vital because they can be enforced very easily. You simply apply to the court to enforce the agreement and nothing more needs to be done and it becomes the site as if it were a court order. Had you not obtained a separation agreement you would have had to gone through a full trial which could have taken and cost literally hundreds of thousands of dollars. Now you simply need to bring an application to the court to enforce the agreement, which the court will enforce without question.
You are very welcome.