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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 101023
Experience:  Lawyer
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I'm an Alberta resident and so is my wife and 11 yr old son.

Customer Question

I'm an Alberta resident and so is my wife and 11 yr old son. We've been separated for 2 yrs. My wife wants to take my son and move to Saskatoon, Saskatchewan. There's no violence, abuse or anything out of the ordinary happening. I want my son to live with me. What are my chances for making that happen? He wants to stay with me.
Submitted: 2 years ago.
Category: Canada Law
Expert:  Debra replied 2 years ago.
Your spouse will have to get an order granting her the right to move your son as you won't consent.
Generally, a court will make its decision based on what it finds to be in the best interests of your son. In most cases it is thought to be best for a child to live in close proximity to the parent so that the parent can be involved in the child's life in a meaningful way. For that reason it is always difficult to get a court to agree to a move.
In your case your son's wishes will be given a lot of weight 11 so your case is even stronger.