If you, as a primary parent, want to move, you would need your ex’s permission because naturally, moving will interfere with him parenting your son. However, if he moves, then he will be interfering with his own time with your son, and, presumably, that will not affect your time with the child(ren). However, if he is moving away anyway, then it will be hard for him to deny you permission to move because your moving will not affect him or his time with your son, If you were emigrating to another country, then he might have a reason to oppose. However, chances are if he is moving considerably further away from that he may not be able to continue to see your son on weekends, then there is no reason to oppose you moving.
Deciding whether to permit one parent to relocate with the child(ren) is one of the most difficult dilemmas judges face and they consider a lot of factors in deciding whether to allow a parent to move away with the child/ren. The most important of these factors and perhaps the only one the judge will care about when drawing upon a decision is what is in the best interest of the child.
If your ex-partner refuses to give you permission to move, then you should explore the option of beginning family court proceedings without delay. Without your ex-partner’s consent, you cannot relocate with your child/ren and a judge could order you to return with the child/ren. – There are consequences for preventing access to the other parent and it would be, in most cases, impossible for a lawyer to predict, with certainty, how a judge will decide a “mobility case” – each case depends on its own specific facts. Having said that, your ex-partner may even have to pay some or all of your legal fees, if his reason for opposing your move is deemed unreasonable.
Furthermore, a parent having to spend an excessive amount to exercise access is one of the few bases on which a judge can reduce child support below the Table Amount in the Child Support Guidelines. That may not impact your decision to relocate after all, but it is something to consider. It is certainly more problematic for a parent to ask for a reduction of child support because of travel costs if the parent freely relocated and chose to incur those costs.
For more information regarding divorce, property division, marriage contracts or any other family law related topic, contact our family law department if you would like to book a consultation at 416-449-1400 or by emailing info@devrylaw.ca.
