Sole custody and leaving the country - ONTARIO

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Forum -> Inquiries & Offers -> Moving/ Relocating

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amother

Sun, Jul 25 2021, 6:02 pm

Asking for a friend.

My friend has sole custody of her child. Her ex is remarried and lives in the same Ontario city as she does.

For family reasons it may be best for her to move to NY. Her ex is from NY but lives in Ontario and is not likely to relocate.

Assuming her ex is okay with her moving with the child to NY, would the court allow it? She told me there is no way, the court doesn't allow the child to be moved even if both parents agree, even if both parents would move to the new city.

True?

amother

Seagreen

Sun, Jul 25 2021, 6:03 pm

in the States and many places if both parents agree then yes child/children can move so long as there is agreement between the parents

amother

Sun, Jul 25 2021, 6:29 pm

amother [ Seagreen ] wrote:

in the States and many places if both parents agree then yes child/children can move so long as there is agreement between the parents

That's what I thought, but she says Ontario doesn't work that way....

amother

Seagreen

Sun, Jul 25 2021, 6:32 pm

so she should consult with her attorney

writinggirl

Sun, Jul 25 2021, 6:36 pm

I am assuming you mean Ontario in Canada which is a different country so it makes sense that things work differently.

amother

Nasturtium

Sun, Jul 25 2021, 6:38 pm

amother [ OP ] wrote:

This makes no sense. She should ask her lawyer or appeal it in court. The child could never move just because his parents got divorced?

amother

Maple

Sun, Jul 25 2021, 6:39 pm

If she has full legal and physical custody then she can move without spousal permission.

If not, then she needs to get permissoon and it can be worked out legally.

amother

Junglegreen

Sun, Jul 25 2021, 7:14 pm

amother [ Maple ] wrote:

If she has full legal and physical custody then she can move without spousal permission.

If not, then she needs to get permissoon and it can be worked out legally.

This is definitely the case in US

amother

Viola

Sun, Jul 25 2021, 7:25 pm

A quick google search gave me this:

The Supreme Court of Canada has recently determined that a custodial parent cannot automatically move a child anywhere without the other parent’s consent. Similarly, the Ontario Court of Appeal has also decided that a custodial parent does not have an inherent right to move a child anywhere he or she decides. Under both federal and provincial legislation, the decision to allow a child to be moved must be made in the best interests of the child.

Here is the entire article
https://www.legalline.ca/legal.....here/

amother

Seagreen

Sun, Jul 25 2021, 7:53 pm

No- in the states if you have full sole custody it does not necessarily mean you can move a child post divorce without parental agreement - not even to a new city let alone a different country- ask your attorney

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