Will I be able to still request for sole custody if I move away?

Thank you for your question. There is a difference between custody and access. Custody is legal decision making power over major decisions such as religion, education and healthcare. Your question centers on the living arrangements for your child, which is known as access. The legal test for custody/access is the best interest of the child. If the two of you cannot settle these issues then a Judge will have to make a decision using that legal standard, based on the facts of your case.

On the assumption that the child will live predominantly with you and that the father will have access (which I cannot say without speaking with you) then your second issue relates to mobility, namely whether you can move to a different Province or Country. That analysis depends on your unique facts. A Judge would take into account the type of access that the father has, and whether he is using it. A Judge will also take into consideration the reason why you wish to move. You are welcome to telephone me at 877-668-9386 for a free consultation and, after I have had an opportunity to ask you some questions, I can provide comments with respect to your chances of success.

(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).