feeling trapped. please help.

Anonymous Asked:

My husband and I have been married for almost 7 years. We have 2 children age 3 & 6. We are wanting to seperate. Alot of emotional abuse going on. I would like to take my children to my mothers house which is about 5 hrs away. I have no where else closer that I can take them. Is this going to be possible? I should point out that he refuses to leave our property even though he has somewhere very close he can go to. (His mothers). Is there anything I can do either going the 5 hrs away or having him removed from the property?
Thank you so much.

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Lorne J. Fine, B.A., LL.B.

11 years ago

You cannot unilaterally remove the permanent residence of a child without a court order or an Agreement. If your spouse will not leave voluntarily, you should initiate court proceedings to obtain possession of the house or allow the move.

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