Legal Question in Family Law in Canada

Re: custody

You have not given enough facts to give a complete answer, and additionally you have directed this question to a British Columbia law firm. As noted on the LawGuru website, questions will be answered with reference to BC law. The law varies from Province to Province.

Assuming your husband abandoned you and your daughter and you moved for a proper purpose, and not just out of spite for your husband, it is unlikely a Court will force you to move back to Ontario. After all, he moved out on you - you did not "steal" his child from him. He is obligated to pay child support no matter where you live, and you can not trade off child support in return for a promise by him not to try and make you move back to Ontario. Dealing away child support is not lawful and the Coruts will not enforce such an unlawful arrangement. It is a common misconception that a parent has a right to child support - a parent does not. The right to child support belongs to the child, NOT to you.