Can my ex husband challenge a court order that says I can move my daughter anywhere in Canada?

Question

I have a full custody and guardianship of my 3 year old. On my custody papers, my ex also agreed that we can move anywhere in Canada we want. It's all filed in court and legal. Now, I am in another relationship, and my boyfriend just bought a house in another province (where he works). My ex has already shared his oppinion of us moving there to live with my boyfriend, and it was not good. My question is, can he take this to court and change the agreement that he signed? Will we have to stay where we are presently if he does this? He already lives 14 hours away, and only sees his daughter about twice a year. I'm jsut afraid he would try to do something just to make life harder.

Answer 1

There is a reason why you have FULL custody to be sure. If you had shared custody then he would have a chance of fighting. However he agreed to you moving anywhere in Canada. He also decided what kind of father he would be by seeing his daughter only twice a year. 14 hours is no excuse.

He does not have a prayer of winning or changing the court order unless he can prove that in the best interest of your daughter your new boyfriend is an abuser.

Chances of him contesting, I would say, from what you have said, are pretty slim and nil.

No judge will change a court order especially when the father only sees his daughter (by choice) twice a year.

The only thing he can do is wave good-bye and buy a plane ticket to visit his daughter if he chooses to do so.

You are the FULL parent and guardian for your daughter as the courts have deemed.

Enjoy the new province and the new relationship with your boyfriend.

Answer 2

He can try, but if he is 14 hours away now and only seeing her twice a year, the court would probably not stop your move. He could still see her twice a year, by providing transportation for her to come visit him for a week or two. You will see how bad he wants to see her, when he considers having to take care of her for a week or two. He may change his tune in a hurry.

Answer 3

Yes he can file again and try to modify the orderes but if you can prove what you say then he will probably loose and you will be able to move. But yes he can ask the court to change the order. now if you were married to your boyfriend that would make thing a little better but he could still win even though you aremarried but to many devoriced parents move and the courts probably wont stop you but you will have to make argenments for your ex to have visiation.

Answer 4

I would recommend that you talk with your attorney and child protective services. Provide them both with the information and allow them to intervene. Abuse in any form is unacceptable, so very important that your documentation be accurate and precise. You have a better case in front of a judge if everything is what is in the best interest of the child. But do nothing until you speak with someone that can provide you with concrete evidence that will protect you and your child.

Answer 5

yes he can fight this in court and he can stay judge she is moving with this guy who is NOT her husband and i fear that my daughter may be in danger. and the move is not about you its about the girl who already has not much of a relationship with her father now and now you want to move. this also may show that you are unstable and that he maybe the better parent. so proceed with caution. is this BOYFRIEND worth you losing your daughter or having to spend money and time in court. GodBless

Answer 6

I doubt anything will change although he can challenge it. He hasn't tried real hard to be involved in her life, has he, so I doubt the judge would give him much time.

I hope your boyfriend is a good "father figure" for her.. girls need a good daddy role model!

Answer 7

Your ex can challenge ANY court order at all. Just as you can.