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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100964
Experience:  Lawyer
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My daughter is in a common law relationship and would like

Customer Question

My daughter is in a common law relationship and would like to end it. They have a 4month old baby which she would like to the out of province as has family in another province thT could accost with the baby. Baby has fathers last name. Legally is there an issue with her moving to another province to raise the baby?
Submitted: 2 years ago.
Category: Canada Law
Expert:  Debra replied 2 years ago.

Yes there is. There is a very serious legal issue. Unfortunately, the law is that she cannot move her baby to another province without the father's permission unless she gets a court order allowing her to do so.

It is never easy to get a court order allowing a parent to move the child away from the other parent. Generally, it is considered to be in the best interests of the child to live in close proximity to both parents so that both parents can be involved in the child's life in meaningful ways.

Your daughter will have to prove to the court that is in the best interests of the child for her to feel move the child to another province.

I suggest that your daughter retain the most experienced family lawyer that she can afford who has experience in mobility rights.

What you can do to find your daughter a lawyer is one of the following things.

You can contact the BC Branch of the Canadian Bar Association and use their Lawyer Referral Service. You will be given the name of a lawyer and can consult with the lawyer and the first half hour will be $25.

The number is:
(###) ###-####or 1.***-***-****.

Or you can check on a site called lexpert. This is a legal directory of leading lawyers and law firms throughout Canada and is well-respected by the legal community.

Here's the link to their website: