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What power do I have to force him to move with me?

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Anonymous Asked:

I have sole custody of my 14 year old son. After a two and a half year custody battle I was on the the verge of winning the battle. The mother gave up (mostly to avoid having the pay a large portion of my legal fees) and hatred that I should have sole custody. The agreement was signed 7 months ago. I recently made the decision to move away (approx 50 km), and my son threatened to move with his mom. What power do I have to force him to move with me? Will she be able to get child support? Is my current agreement worth anything?

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A Family Lawyer
6 years ago

You would need to consult a family law lawyer to specifically obtain direct advice and guidance as to what power you have to force your son to move with you. The custody order is subject to change, and is intended to ensure the child's best interests are met. As you have sole custody, for the most part, the responsibilities to ensure the child's best interests are your sole responsibility. However, there are also other factors that must be considered. For example, the child's preferences, neighbourhood, routine, involvement in community and school, and the desirability of maximizing contact with his mother, etc. If you were to change the child's circumstances from the move and any of these other factors were impacted, then it may be necessary to revisit the custody and access terms in the order. The threshold for such a review would be a material change in circumstances, and the proposed relocation appears to be something that was not foreseeable, and would materially impact the child's best interests.

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