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Quebec family lawyer. I obtained sole custody of my two kids…

Customer Question

This is for a Quebec...

This is for a Quebec family lawyer.
I obtained sole custody of my two kids and was allowed to move 2 hours away from the father The court order does not have any restriction limiting me to this geographic area permanently. I am looking at moving to another province for personal reasons. In light of the new family reform happening in July 2020 and on the fact that I am already moved away from the father's area. what are my chances of being allowed to move again. I expect that the father will protest this relocation once I give a notice. thanks

Submitted: 2 months ago.Category: Canada Family Law

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1/22/2020

Family Lawyer: Jeremie John Martin, Lawyer replied 2 months ago

Jeremie John Martin, Lawyer

Category: Canada Family Law

Satisfied Customers: 1,257

Experience: I'm a bilingual attorney for the province of Quebec who goes to Court often for many clients.

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Hi,

I'm a Quebec lawyer. It would be more prudent and even necessary to give notice to the father and require another Court order for the change of province. Without knowing the facts of the file and on a general basis, it could be likely that the Court follows the last decision, maintains the sole custody in your regard and allows the move. The most important thing would be to explain the reason for the move, the positive or neutral impact for the children, their new environment and the schools they could attend, their living conditions, etc. Of course, if the father does not oppose the move, it would make things simpler.

I trust my answer sends you in the right direction.

Please do not forget to rate my answer from three to five stars so the site will compensate my time spent with you. It's on the top right of your screen, the bottom of your screen if you are on mobile. Bonuses are always welcomed also.

Best regards,

Jeremie John Martin

Customer reply replied 2 months ago

I would like to know how the new rules coming into effects in July will affect the process, will a relocation be easier to obtain? What are the reasons that someone with sole custody is allowed to move considering that I am already away from the father's city and jurisdiction (another province)?

Family Lawyer: Jeremie John Martin, Lawyer replied 2 months ago

Hi,

I am not aware of any rule changes in July, can you please be more specific? The Minister has been touring the province on family law issues, but no legislative changes have been announced to my knowledge, nor would they if created necessarily affect your case.

The main criteria that would guide the Court would be the best interest of your children. Other criteria are also important as mentioned above. Because you already have sole custody and as I mentioned this makes it more likely that this further move would be authorized by the Court should the father contest it.

I hope this further information helps you out even more. May I please ask that you now rate my answer, this is very important in order for the site to record the answer for my profile. Thanks and have a great day.

Best regards,

Jeremie John Martin

Customer reply replied 2 months ago

this is what I was referring to : https://www.justice.gc.ca/eng/fl-df/cfl-mdf/index.html

Family Lawyer: Jeremie John Martin, Lawyer replied 2 months ago

Hi,

I see the new Divorce Act amendments. I thought you were talking about this, the Quebec reform https://www.ledevoir.com/politique/quebec/549996/droit-de-la-famille-sonia-lebel-lance-des-consultations-regionales. Procedure and rules in family law are shared between the provinces and the federal government. The best interest of the child would be a key factor still, but new rules if you were married and reasons that are now considered could play, it would be important that the lawyer drafting your procedure reads the new rules if the trial happens after July 2020.

Best regards,

Jeremie John Martin

Customer reply replied 2 months ago

so if I was not married, the new rules would not apply?

Family Lawyer: Jeremie John Martin, Lawyer replied 2 months ago

Exactly, the Divorce Act would not apply at all.

Best regards,

Jeremie John Martin

I am also including a suggestion for a live phone call, if that could help you out more, this comes with a distinct separate price and it's a premium service.

Best regards,

Jeremie John Martin

Family Lawyer: Jeremie John Martin, Lawyer replied 2 months ago

Hi did you have any further questions?

I'd be glad to help more.

Best regards,

Jeremie John Martin

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