Can I obtain full child custody before he moves away?

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I have two small children, whom I care for as a single mom, they have lived with me exclusively since birth. Father visits them at my home. He is now moving across the country. I do not have a court order for full custody. Can I obtain full child custody before he moves away? If the father has moved four provinces away can I still petition the court? how?

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Andrew J. Kania, LL.B., LL.M.

9 years ago

Yes, we can still commence Court even if he has moved to a different Province. In Canada the “ordinary residence of the child” determines where Court is commenced when the issues are custody and access. You indicate that the children live with you. This means that Court must be commenced where you live. As such, the fact that he has moved “four provinces away” is irrelevant. A Court Application can be commenced on your behalf in order to obtain the Orders that you need. You are welcome to contact me at 877-668-9386 for a free consultation.

(The information provided above is general, not legal advice, as circumstances vary from case to case. As well, generally speaking, the above information relates to Ontario law. Thus, if you wish legal advice that you can rely upon for your specific case, or if you are making inquiries where Ontario law may not apply, please contact Douglas Briand for a free consultation).

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