Jurisdictional Custody Battles
Jurisdictional custody battles can be a difficult thing to work with. Especially if you don't have a parenting agreement.
Looking to move with your child?
When looking to move with or without your child it is important to follow very specific guidelines.
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Avoid a dispute
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it is important the other parent or guardian is informed of any move when you share guardianship. if you talk about the move upfront you may avoid a long drawn out court hearing.
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Give the other parent notice of the move
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If you plan to move and you have joint custody you must inform the other guardian if, you have a written agreement or court order dealing with parenting agreements or contact. If you are choosing to move with or without the child, or only with the child. Also if the move will have a large impact on the child's life, such as effecting the relationship with important people in the child's life.
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After notice is given
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If the other person disagrees with the move they will have 30 days from the date they received the news to apply to the courts to object the move. Even if the parent objects they must apply to the courts.
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What if the other parent disputes the move?
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if the other guardian objects to the move, the guardian who is trying to move must provide reasons that it is a good idea to be moving, within those reasons they must include, the purpose of the move, how the move will improve quality of life for the child, weather or not proper notice of the move was given, and whether or not there will be any restrictions on your agreement or order with the move.
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note: the court can not consider if the person moving would move without the child if they do not get granted ability to move with the child.
If you move your child without notice...
Serious consequences could take place if you move the child without knowledge of the other guardian. These consequences could include, fines and/or jail time.
If you do not have a parenting agreement
Different rules may apply if you do not have parenting agreement or court order, the parent who is not moving can apply to the courts to get a court ordered parenting order. The Courts will decide what to do based on the child's best interests. If you do not consider the agreements of the guardian who disagree with the move, the judge on a later date will look at that, and take that into consideration when deciding on an agreement.
If you move out of province without a parenting agreement. The other guardian must apply to the courts in the proper province. You
must apply to the courts in the province that the child as moved to otherwise the police and courts will not have any jurisdiction in that place. Although it may be easiest to apply to the closest court to you, there is often not much that can be done and you need to apply to the proper court.
Suspecting Abduction
If you suspect that the person you share guardianship with is taking your child out of province, or out of the country with no plans of return you can apply to the courts, however you must have enough proof that an abduction is or will be taking place.
Credit to the following websites for information used:
Note: Some information came from anonymous sources