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Debra
Debra, Lawyer
Category: Canada Law
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Can my Ex Wife moving away from the Lower Mainland despite

Customer Question

Can my Ex Wife moving away from the Lower Mainland despite our Court Order agreement stating that she cannot move out of the Lower Mainland?
She has our Twin 10 year old girls 5 days/wk, I have them 2 days/wk, we share Christmas/Spring/Summer school breaks. She has just put her townhome up for sale in Port Coquitlam. I found out from my girls, they said they are moving to Alexis Lake (8hrs away) talked with her she said they are moving to 70 Mile House (4 1/2 hrs away) .. if this is the case I will not get to see my girls, no matter what she agrees to in writing for visitation, I know she will not be cooperative once she moves this far away, and the fact is I don't even know where they are moving to. Can she claim that she cannot afford living in Port Coquitlam, even though she works in health care and jobs are available to her. She has a husband and adult son living with her, can she not just move to a more affordable area, Mission is more affordable. I am not agreeing with her to move away from Lower Mainland. She has not raised any of her 3 children, her mother has spent the majority of time caring for our 2 girls, I'm afraid she will just break the Court Order and move.
Please advise what I can do, and what are my rights?
Gary
Submitted: 2 years ago.
Category: Canada Law
Expert:  Debra replied 2 years ago.
Is there an agreement or order? You said there is a court order agreement. It cannot be both. It could be the agreement was turned into an order or there was an order on consent.
Customer: replied 2 years ago.
Yes .. There is a Court Order in place, stating that she cannot move the children out of the Lower Mainland.
Expert:  Debra replied 2 years ago.
Then she would be in contempt of court if she does so. I suggest you send her a letter and state that if she is planning on moving them out in breach of the court order she should know that you will immediately seek to enforce the order and also seek a finding of contempt from the court. You can then find out what she is doing and proceed to court, at once, if she going to breach the order and in fact you can do so on an emergency basis if necessary.
Customer: replied 2 years ago.
Thank you so much. My concern is, what is my recourse if she just up and moves, I understand I can send a letter now, I can take her to court immediately (not sure how immediate this would be) to enforce the Court Order. However, if she moves tomorrow, how would I ever get this Order enforced after the fact. In her eyes, if the consequences are not detrimental to her, she would just move. Please advise. Thank you again.
Expert:  Debra replied 2 years ago.
Yes you would get the court order after the fact. I am not in BC but in Ontario when there is a potential parental abduction or an actual parental abduction we can get before a Judge the same day. If you think she can up and move at any time (and it would make sense for her to do this in the summer if you have school age kids) then it would be best for you to seek this order now and not wait.

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