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Thelawman2, Attorney
Category: Family Law
Satisfied Customers: 1612
Experience:  Attorney-at-Law
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I have joint legal custody of child who is 3 years old.

Customer Question

I have joint legal custody of child who is 3 years old. Myself and the other party were never married and we're just dating. We are not together anymore. We both live in a small town about 2 hours north of Toronto. She recently sent me a letter saying she is moving away with our daughter to London, On about 4 hours away. She told that I can pick her up there on weekends. I just want to know if she do that without my consent? And what I can do about it?
JA: Who has legal custody? Is there a child custody order in place?
Customer: Yes there is. We have joint legal custody over the child
JA: Family law varies by state. What state are you in?
Customer: I'm in Ontario Canada
JA: Anything else you want the lawyer to know before I connect you?
Customer: All I need to know is what I can do about it but either then that nothing else?
Submitted: 2 months ago.
Category: Family Law
Expert:  Thelawman2 replied 2 months ago.

Hello, my name is ***** ***** I will be helping you today.

The court with jurisdiction over your daughter's case would have to make the decision and approve that the other party can move away with your daughter. The court would need to determine that the decision to move is in the best interests of your daughter. The court will decide not on the basis of the other party's preference or convenience, but rather having regard to the best interests of your daughter and the other party's reasons for moving are only to be considered in exceptional circumstances where it impacts their ability to meet your daughter's needs.

As a result, if the other party moves away with your daughter, you should immediately go to court in order to challenge the move. You may also want to alert the other party to this requirement so that the court can hear the case before anybody starts moving.

Customer: replied 2 months ago.
Now what if she ignores the requirement and does not go to court to get it approved, and moves away does qualify as kidnapping?
Expert:  Thelawman2 replied 2 months ago.

It could be considered kidnapping if she does not make the daughter available to you as required under your custody agreement.

Customer: replied 2 months ago.
What would you recommend that I do?
Expert:  Thelawman2 replied 2 months ago.

What you might want to do is reach out to the other party, let them know that they must go to court before they move, and try to convince them to get this resolved in court before they move rather than after.