Can a single mom living in the province of Quebec move to another province with her 4 year old child?
( they alternate weeks). But there is no court order at all to obligate these terms of arrengements. Only personnal arrengement between the two . But now the mom wants to move to Vancouver. Can she ?
Answer:
Yes. She can move anywhere she wants to. There needs to be a court order agreement as to child custody and visitation rights.
My boyfriend's ex moved from New Brunswick to Alberta with their two kids and her new boyfriend and he had no way of stopping her legally.
I have a nephew who had the same situation come up between the mother of his son and him. They chose not to marry, and other than that one night of passion, felt little, if anything, toward each other. They are friendly toward each other and shared the financial responsibilities involved in raising their son.
They live in different towns in New Jersey and the mother wanted to move to Florida to attend FSU to get a nursing degree. She also wanted to take the son with her, leaving my nephew out of the picture completely. With that great a distance between them, visitation would have been impossible.
I encouraged my nephew to contact an attorney to see if he had any rights. As it turned out, he did! After a letter from the lawyer, the mother changed her mind about the move, finished up her studies at a local college and is an RN at a nearby hospital.
They established mutually agreed upon visitation plan, including all the major holidays (which had been a problem too) and are getting along reasonably well now.
I believe you might want to explore your legal options. The father has rights too. But be careful! If one parent or the other is the sole or majority supporter of the child, that fact will play against the one not involved financially. It can always be determined that a move 'for a better job' outweighs the desires of the less involved parent.
Good luck!
Not unless it is ok with the father. (I live in Ontario and my sister had a similar situation) If the father has joint custody (that's what it sounds like) then he would have to agree. If not, he could petition the court to stop the move. My sister was given a certain area she could not move past and when she tried to the police stopped her at the airport. (I don't agree with everything she does I am just letting you know)
If this arrangement has been going on for a while then it might as well be from the court. He should go straight to the court and get it in writing. Custody is not assumed to be the woman's if the practice has been to share it. The court would take into account what has been going on thus far. (He would have to go to court to stop it though.)
If you are asking from the woman's point of view than she must prepare in case the man decides to try and stop her.
I don't see how it would help the child to be torn from the father who has been visiting regularly.
I don't know the laws but if she did not tell the father, it might be kidnapping.
She can unless the father files a petition with the court to prevent it. Can do that by filing an emergency order.
You may want to look into that...the father can get a court order to stop her...you'd hate to get all the way to Vancouver and have to go back. Call the family services. If the father gets court ordered visitation then more than likely the mother can't move.
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