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I live in Surrey BC, Canada. My daughter is eight years old…

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Hello my name is***** live...

Hello my name is***** live in Surrey BC, Canada. My daughter is eight years old and I was granted sole custody and sole guardianship of my child since she was just a few months old. I am looking into moving to Vancouver Island, BC, Canada. I tried to work with my daughters father and ask to see a family justice counselor to arrange visitation and access. I am willing to work with him. I have offered to cover the costs of traveling via ferry on weekends and offered him extended time with her on Spring breaks and Summer vacation. He has said he wants to go to court to try and stop me from moving with her because being a ferry ride away from our child is an inconvenience for him. What are my rights as the primary care giver? Do I have a legal right to move with our child to the island provided I write out a parenting after separation agreement that states the fathers contact with his child? Please help. Thank you.

Submitted: 3 years ago.Category: Canada Law

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6/14/2017

Lawyer: Debra, Lawyer replied 3 years ago

Debra, Lawyer

Category: Canada Law

Satisfied Customers: 130,480

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Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.

I am sorry to hear of this difficult situation.

I am not familiar with the geography. How long will it take the father to get your daughter?

Will he miss out on some of his access time ?

Customer reply replied 3 years ago

The ferry ride is 2 hours. We currently do not have anything in writing in terms of access time. I have generously offered to give him every weekend as it stands. I have told him that I would be willing to take her on the ferry on fridays and pick her up sundays. So other then the hour of him driving to the ferry to pick her up and drop he off he would not be missing out on his weekend access plus im willing to give him even more access like I mentioned above with spring breaks or summer if need be.

Lawyer: Debra, Lawyer replied 3 years ago

So right now does he see her mid-week?

Customer reply replied 3 years ago

No. But I have told him if he should ever want to have her over during the week for family dinner or a special occasion he is welcome to but he is perfectly happy just being a weekend dad. but he has threatened to come after me for joint custody or guardianship rights to try to stop me from moving. Thing is he has had eight years to fight me on that issue but hasn't because like I said he just wants weekend fun time. he is only fighting me on this because it's not in his best interests. I don't think he is even considering whats best for our child at this point.If we go to court I need to know what I have to put together to present to a judge to convince them to allow me to move with my child.also how to protect myself against him trying to take away my sole custody and gaurdianship rights.hello?

Lawyer: Debra, Lawyer replied 3 years ago

I am sorry for the delay. I am composing the answer now.

Lawyer: Debra, Lawyer replied 3 years ago

I am sorry about that. One of my kids woke up unexpectedly.

Essentially you don't have the right to move the child unless the father agrees or there is a court order.

And the bot***** *****ne is just as you pointed out, what matters is what is in the best interests of the child and not what inconveniences the father.

In your case your facts are very strong. In particular the child is not losing any time with her father. Had she missed out on a mid-week visit that may have been a bit different.

So unless he can show that the ferry ride or uprooting her will harm her it is not likely he can succeed in stopping you from moving her.

He is no chance at custody or guardianship at this point. Your child has lived with you her whole life and he is a weekend dad at best.

Does that help as a starting point?

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

Lawyer: Debra, Lawyer replied 3 years ago

Is there anything more I can help you with at this point in time?

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