Can i move to another province with my child without being arrested? please read.

My husband and i have recently separated. We live near his family and mine lives in another province. I have no family support here and also have very little means of supporting myself. Am I allowed to move to another province with the child without being arrested? Father has history of mental health and drug abuse. Currently there is no custody arrangements filed. We have been agreeing on a week by week basis.


Asked over 1 year ago in Ontario
Categories: Family Law

Answer Now

Wayne P. L. Cusack

Answer by Wayne P. L. Cusack

VerifiedOntario lawyer


You are not likely to be arrested.  However, custody proceedings are normally brought where the child ordinarily resides.  If you leave without a court order allowing you to do so, or without a written agreement with your husband, you run the risk of him obtaining an order from an Ontario court requiring you to return the children to this jurisdiction.  Your best route would be to obtain either a written agreement or a court order before you move.

Posted over 1 year ago

Please note that this is for informational purposes only and does not constitute legal advice to you. Legal advice pertaining to your particular situation can only be provided by a lawyer who has met with you to obtain all pertinent background information necessary to give you a formal legal opinion. For formal legal advice, hire a lawyer (many give a free first consultation). Contact Wayne P. L. Cusack, or search the Lawyer Directory.


Comment

<br />Thank you for your speedy response. <br />Ok, on that note.....the father will never agree. yes, this is where the child resides but has only done so since Feb of this year. I have been left in a position where I cannot support myself here. Also, how long will the process of getting a court order take? Like i said, I cannot support myself financially and need to leave soon. He thinks if I leave and move to another province with child then he will have to go through the courts of the province I move to.

Posted over 1 year ago


Wayne P. L. Cusack

Answer by Wayne P. L. Cusack

VerifiedOntario lawyer


I can't tell you how long it would take to get a court order, or whether you are likely to get it.  The court will decide in the best interests of the child.  You should consult a family law lawyer in your community to have your facts reviewed and get an opinion as to the best way to proceed, your chances of success and how long it is likely to take.  Time frames can vary in different parts of the province, and may depend on the facts of your case.

Posted over 1 year ago

Please note that this is for informational purposes only and does not constitute legal advice to you. Legal advice pertaining to your particular situation can only be provided by a lawyer who has met with you to obtain all pertinent background information necessary to give you a formal legal opinion. For formal legal advice, hire a lawyer (many give a free first consultation). Contact Wayne P. L. Cusack, or search the Lawyer Directory.

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