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Legal Ease
Legal Ease, Lawyer
Category: Canada Family Law
Satisfied Customers: 100026
Experience:  I am a practicing lawyer and have also been an online professional for 5 years.
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My exhusband and I separated and subsequently divorced in

Customer Question

My exhusband and I separated and subsequently divorced in 2008. At that time we had a separation agreement drawn up which stated we would share custody 50/50 of our two children. We have both since remarried and 13 months ago my ex husband, his wife and their two daughters moved to Georgia, USA. It was agreed that my two sons would remain with me in Canada and see their dad every summer. My husband and I have decided to move to the UK (my husband's home country of 38 years) with my two boys (aged 13 & 14). In our separation agreement, it was stated that neither parent was to move beyond a reasonable distance due to our initial custody arrangement. Seeing as how my ex moved and left the boys with me full time, does that make that part of the agreement null and void? There was an "amendment" drawn up by my ex that was signed by the four parents but it was not notarized. Given that I have full custody of the boys and he has already broken the distance section of our agreement, what are our rights in this situation? Both boys have decided that they would like to move with us and their summers with their dad will still happen at our financial expense. What documentation will we need (if any) to move them with us to the UK? Thank you for your time.
Sincerely, ***** *****
Submitted: 1 year ago.
Category: Canada Family Law
Expert:  Legal Ease replied 1 year ago.

Have you asked the father about giving his consent?

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