Legal Question in Family Law in Canada

Mobility

I am originally from the province of British Columbia. I currently live in the province of Ontario. My child was born here and is now 5yrs old. The parental situation is joint custody & my child lives with me. The father has access every other weekend & on opposite wednesdays overnight. I recently found out that I am expecting another child! The father of the unborn child lives in the province of British Columbia. (I have already signed an agreement stating that I would not move from the city I live in.) The parental situation should remain the same as there has been no reason for either parent to have full custody over the other. What are the chances that I will be able to relocate with my child? (The father of the unborn child has a great job, and we have known each other for well over 10yrs.) I am self-employed as a childcare provider. What sort of challenges will I be faced with?


Asked on 11/06/07, 12:35 pm

1 Answer from Attorneys
Donald McLeod Donald R. McLeod Law Corp.

Re: Mobility

You ask too many complex questions to be answered in forum such as this, and should see a lawyer as soon as you can. In B.C. you would not stand a great chance of being permitted to move out of B.C.; the situation may or may not be the same in Ontario. However the best situation would be for you to negotiaste with the father of your child to be allowed to move - for example trading off weekends for 10 days alternatng Christmasses and sppring breaks with 4 to 6 weeks in the summer, and offering to pay 3/4 or 100% of the cost of flying back and forth with your child - although the father might be willing to split the cost with you. Be aware however that he will have a good case for lower child support if his access costs go up substantially. This is just one of several possible scenarios, but is is a common one.

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Answered on 11/06/07, 8:50 pm


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