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Can my ex stop me from moving?

July 25, 2019

Solved3.68K viewsOdds and Ends

Can my ex stop me from moving?

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Yes, in some circumstances — and by way of a Court order.

If you and your ex have split, but you have no children together, then usually there is no impediment to your moving (far, far) away, especially if it is to pursue a better job that makes it easier for you to pay the spousal support payments that you owe him or her.

However, the situation can be vastly different if you had children together and then went your separate ways. In such cases, the question of whether you should be allowed to move (with or without the child, depending on your custody arrangement) will require the court to consider what are known under Ontario law as “mobility issues.”

A move by either parent can greatly impact a child’s well-being, positively or negatively. The court is therefore entrusted to weigh the pros and cons, and decide whether your intended move will be in the child’s best interests.

This will include factors such as custody and access arrangements, family and friend connections, changes to the child’s education, etc.

For example, let’s say that as the custodial parent, you want to move with the child to pursue a new relationship that you have established after your separation or divorce. However, the move will mean that your child’s access to the other parent will be restricted due to the increased distance If the court concludes that this is not in the child’s best interests overall, then it can make an order prohibiting you from making the move at all.

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