Legal Question in Family Law in Canada

I am in the process of getting a divorce. Can I move to another town [1 hour away]? Custody has not been decided yet. My children live with me, buy my ex is seekig joint custody so he dosn't have to pay support.


Asked on 3/02/11, 10:33 pm

1 Answer from Attorneys

Donald McLeod Donald R. McLeod Law Corp.

We assume that there is no order of any kind dealing with the children in place now; if that is so, then there is nothing to prevent you moving. You should be aware however that if you are moving for the sole or principal reason of making joint custody difficult, the court may award custody to your husband on the grounds that he is more likely to foster a good relationship between the child/children and both parents than you are. If however there are other reasons, and they are genuine and reasonable then there should be little difficulty. Such reasons include getting a better job or being closer to family support.

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Answered on 3/03/11, 8:57 pm


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