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My ex would like to leave the city with our kids. Can she do that?

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Anonymous Asked:

My wife has kicked me out of the house and I am staying at a friends. I have since asked for a divorce, I know that she is looking at other jobs outside of the city. I would like to know if she is allowed to leave the city, if so, how far can she take the kids without my consent? It has yet to be determined who will get custody and if it will be shared.

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Andrew Heft
6 years ago

There is no clear rule delimiting how far your spouse can take the children if she decides to relocate to a new city. When custody and access rights have been decided by the courts, the spouse cannot change his/her residence without court authorization if it affects in any way the other parent’s access rights. It might be useful in your particular case to rapidly obtain a formal judgment confirming custody and access rights before your spouse moves. If you wait for her to move before obtaining a court order, this could seriously limit your options in terms of custody and access rights to your children..

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