Family Law (Divorce, Family Relations)/Joint custody.. moving away?

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Question
Information regarding Ontairo Canada and moving to Alberta Canada.

I am a step-parent of a 3 year old boy. My partner and his ex are currently in the "final" stages of mediation and the paperwork has been sent off to the lawyers to be finalized. Their current agreement is week on, week off, joint custody.

I understand you are not an official legal aid, but I would like to have some knowledge of how to proceed in this situation.

The birth mom, has now decided that she wishes to move out of province to go work with her bf in Alberta. We believe that she wishes to gain full custody when this happens and wishes to up-root our son from his home here in Ontario, and move him with her. As this point, she does not have anything officialy sorted out, and no notice has been given to us.

We are just hoping to prepair for the worst and have all our facts and paperwork straight for when this eventually goes to court. I am simply looking for what paperwork we will need, whom we should talk to, and what factors will play the primary role in this situation.

Any help you can provide will be greatly appreciated

Crystal

Answer
Crystal,
DISCLAIMER:  I AM NOT AN ATTORNEY: I am someone with experience with Family law matters, and can give some directions of what I would do but these are my opinions: I strongly recommend that you get an ATTORNEY who specializes in family law in your immediate county/country.

Sorry for my late reply, summer month vacation and I just returned.  I forgot to set the vacation schedule for this site.

First understand that most courts do no longer support movement of child, especially when Dad is active in child's life. Here is a quick site to reference:  http://www.canadiandivorcelaws.com/relocation-issues/

First:  Mom must file a petition with the Court asking the courtís permission to move with your children. The court will schedule a motion to argue about the best interests of the children. This is your time to speak up specifically with the bonding of the DAD with said child.

As stated the court is only interested in the best interest of said child, if Mom wants to move find let her move, but child stays if the court see's it is in the best interest of said child.

This site is an excellent reference continue reading it.  I think it will answer and remove all concerns.

Good Luck,
Jeff

Family Law (Divorce, Family Relations)

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Jeff Laatsch

Expertise

WA Law with respect to family court issues: order to show cause/notice of motions, establishing or modification of an order, custody, visitation, child support, parenting schedules, mediation, preparations and filings of all documents: International relocation experience: Create a win/win/win situation between Mom-Children-Dad...

Experience

Self taught and experience with working with various Court Clerks.

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Masters Degree

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