Moving out of province without formal custody agreement

I have been separated from my childs father for over 2 years now. I left when my child was about a year and a half old due to physical abuse from him towards myself. We were never married, but were common-law for about 4 years. We do not have a child custody agreement, more just a verbal agreement on a schedule that changes week to week. Most weeks it works out to be about 50/50 between the two parents. My childs father makes more money than i do, but still does not pay child support.&nbsp; <p>I have since moved on from him and have a new boyfriend. We have been together about a year. He had to move out of province to be with his sick father. We have continued our relationship even though it is long distance. His move out there will be permanent. He has now asked me and my child to move with him out there.&nbsp;</p> <p>My question is, am I able to take my child with me without issue because there is no written/formal custody agreement?&nbsp;</p>

Asked over 5 years ago in British Columbia
Categories: Family Law

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Aaron Murray Lessing

Answer by Aaron Murray Lessing

VerifiedBritish Columbia lawyer

It would be likely that you could get to move but unfortuately, even though there has been no formal written agreement or court order, moving away is not an option until properly handled. Because since separation you have generously shared the children's residence, he has custody rights little different than yours. We would need to obtain custody and get an order that permits the move. If you move without dealing with this properly, he could get an order that provides that the children return and may get an upper hand because of your actions. I can help you out if need more information or want to take action to be reunited with your new partner. Kind regards, Aaron Lessing.

Posted over 5 years 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 Aaron Murray Lessing, or search the Lawyer Directory.

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