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Canadian Family Court Question

posted 30th Jun '12
I have a court order with my BD, who is a total loser, druggie, bum whatever you wana call him
I live in Windsor Ontario, and in our court order he does NOT have any custody over our son but does have visitation rights, which he does not take full advantage of.
I want to move to Alberta next May and have legitimately planning this move, but I don't know how to start the legal process of trying to get the OK from a judge.

I am nervous about my chances of being able to go, I know it's a way better environment for my son, it's not like BD helps me anyways (no child support, calls it "babysitting" when he watches him so I can go hand out resumes & steals my baby clothes!)

Some one told me if I just break my court order BD would have to come to me in Alberta to bring me back to court, and I am not sure if I want to just pick up and go without bringing BD back to court first.

Can I be charged if I do that, though?
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I'm due October 26th, have 1 child & live in Windsor, Ontario
posted 30th Jun '12
Don't know your laws but I would go back to court to get something in writing stating your aloud to leave...I wouldn't risk it JMO
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I have 4 kids & 3 angel babies & live in Topeka, Kansas
posted 30th Jun '12
Quoting Jessica- Mom of 4:" Don't know your laws but I would go back to court to get something in writing stating your aloud to leave...I wouldn't risk it JMO"

I'm definitely not taking any risks, I will be in contact with legal advice within the next week or so I just want to hear what other people have to say.
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I'm due October 26th, have 1 child & live in Windsor, Ontario
posted 30th Jun '12
as far as i know you have to have a legitimate reason to move down here and he does bring it up to a judge you would have to go back down to ontario because thats where the original order was made and because your bd is bringing you back to court. Also make sure you can prove that the reason you are moving isnt just to get your kid away from bd.
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I have 2 kids & live in Calgary, Alberta
posted 5th Nov
I went through this.. if you leave and break the visitation order BD has (even if he doesn't use it) could give him grounds to file a breech of order and possibly loose custody!

Whatever you do I highly recommend going before a judge to get a new order. As it stands I think a judge would say okay to it being that the father isn't fully involved.

Good luck momma
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I have 9 kids & live in Kelowna, British Columbia
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