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Can I take my baby with me?

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Anonymous Asked:

Hi,
I have decided to take a seperate path of living from my husband, however I have a 1 year old baby. I am recently living in Montreal. My question is if I decided to move from Montreal to another city inside the Canada can I easily take my baby with me? Or what are the conditions?
Thank you

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Andrew Heft
6 years ago

In your situation I would highly recommend obtaining a Court ordered permission or written consent from the father to your relocation. Leaving the province without such could be interpreted as kidnapping and have serious consequences for yourself as well as custody of your child.

We would also recommend such action even if you plan on relocating within Québec. Essentially, the father is in his right to know where the child is living and in his right to exercise access to the child. If your relocation hinders any one of these rights you must obtain the father's or the Court's permission.

As for conditions, these issues are decided by the Courts on a case by case basis, there are no absolute conditions or requirements that could guarantee relocation. The only absolute is that the outcome must take into consideration the best interest of the child. For more information I would suggest you consult the section on custody and access, which es criteria would guide the Court in it's evaluation.

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