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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100386
Experience:  Lawyer
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A couple who share 50% custody (1 week/ 1 week) with the biological

Customer Question

A couple who share 50% custody (1 week/ 1 week) with the biological mother. ( approx age 6-8) want to rent a house from me however this is about 30-45 minutes driving distance further then where they currently live ( and from the biological mother). My question is: is it possible for the mother to legally block them from moving and if so what is the likelihood? If it is not incredibly likely I will just write a clause into their lease so they can get out of it if the mother is successful. ( they are high quality tenants and I am motivated to have them rent from me)
Submitted: 2 years ago.
Category: Canada Law
Expert:  Debra replied 2 years ago.
It is not possible for me to know whether the father can move with the child this far away. I would need to see the separation agreement or court order. It is possible that she can stop him but it may be that this has already been worked out or that he is going to drive the child to school each day and not disrupt the child's life in any way. The mother could not stop them from moving but could just stop them from moving with the child. If they sign a fixed term lease they would be on the hook for the full term regardless of what happens with the child.
Customer: replied 2 years ago.
Ok, just a quick follow up. The sep. agreement does not contain terms for custody. As far as I know there would be no disruption to the child's life ( same school etc). Given these parameters can you give me a rough percentage chance on likelihood of success the mother may have in blocking this move?
Expert:  Debra replied 2 years ago.
The mother may be successful because it may not be considered to be in the best interest of the child to be moved that far away from the child's community and school, so you are taking a chance. To give you a rough percentage would simply be guessing.

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