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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 99963
Experience:  Lawyer
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I have just recently obtained my son full time as his mother

Customer Question

I have just recently obtained my son full time as his mother decided to pick up and move away! We share custody but to my understanding that we had 50/50 shared time she can not legally pick him up and move away? So she packed up and moved away without him leaving him in my care 100%. This only lasted a month and now she's back (strangely). What I want to know is there any loop hole she may have found that her return might be to take my son away that I am unaware of or is there anything I can do to prevent her from up and moving my child away from me?
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.
She has no right at all to move him away. As she essentially abandoned him for a month your case is quite strong if you want to move to vary that order/agreement and obtain sole custody. She is disrupting the child's life terribly. Children need stability and consistency. If she tries to move with him you will be able to stop her. If she simply takes off you can apply for sole custody on an emergency basis and the authorities will assisting you in getting your son back home.

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