After a divorce, usually, the parent who gets child custody is the mother. Because, for a child, the mother can take the best care. However, a child needs support and care from the father as well. Unfortunately, some families don’t have the destiny of togetherness.
As a single mother, it’s natural that a woman may need to move to a new place at any time. Of course, she doesn’t plan for herself alone.
On the other hand, the father may find it unacceptable. It’s because that would question the communication between the father and the child. The father’s concern is the mother’s question about moving to a new place.
Can I Move My Child without Father’s Permission?
To answer the question, let’s dive into the related facts and events, why people move, and what happens next.
Why Would a Mother Like to Move with Her Child?
After separation, a single mother goes through multiple difficulties. Sometimes, it’s hard to determine if the problem is financial or emotional. She has to face social obstacles also.
By default, the child stays with the mother most of the time. All her thoughts and perceptions get to the thought of her child. There’s nothing wrong or weird if she wants a fresh start. Migration can be the 1st step in this step.
What Happens During or after a Move?
Both the parents have to agree about the move or relocation to settle the matter without any hassle. They prepare a custody agreement where the noncustodial parent gets sufficient time with their child. The court approves it once the rectification is found in favour of the child.
The relocation can be alone or with the child, and the moving parent has to go through formalities. That includes providing notice prior to 60 days. If giving the notice seems risky or may cause any complicacy, the court may consider the exception.
If the relocation lacks the court’s permission or the noncustodial parent’s consent or both, the custodial parent faces a sanction by the court. The sanction will include a fine and jail time. The parent may even lose the child’s custody.
Types of Moving
The moving or relocating can be due to several reasons.
If the parents cannot come to a mutual agreement, the parents wanting to move may apply to the court. The court will scrutinize several matters, such as the child’s interest. The process may take months to years to come to a decision. Legal advice from an experienced lawyer may speed up receiving the result.
The move is not always permanent. It can be holiday travel which needs the father’s consent and signature on respective papers. The other parent may disagree with travelling his child overseas or anywhere far within the country. Then a dispute may occur, which is also soluble via legal affairs.
If the mother finds that her child is at risk of any possible violence or abuse, she may move immediately. In that case, the court would be permissive to the mother.
Situations That Will Make It Difficult for You to Move
In a few cases, Canadian family law restricts a mother’s right to move without her husband’s approval. The following scenarios will necessitate approval from the father and/or the courts:
Divorced: When you’re divorced, you can’t relocate more than 50 miles away from your current address without the father’s approval and/or the authorization of the courts.
Unwed Parents: If paternity has been proved and a parenting plan has been created via the courts, you will not be permitted to relocate more than 50 miles away from your current address without permission from him and/or the courts.
Moving more than 50 miles away from your current address without the permission of the child’s father and without the approval of the court would very certainly result in negative consequences, such as being held in contempt and required to return until the matter is resolved.
What May Happen After a Mother Moves with Her Child without the Father’s Permission?
First of all, moving away or far from the father somehow turns out to be an obstacle for a father who’s already staying in the distance from his child.
Besides, it’s possible the mother may not allow her child to contact the father if there is any previous history or potential risk.
All the thoughts can make a father aware more than he is supposed to, and the law would support him in some contexts.
As a mother, one must also prove that she’s capable of maintaining the child’s safety and the child is in good hands. So, the custody only doesn’t leave her the sole and secure authority all the while.
What the court cares for the most is the betterment of the child. That somehow keeps the door open to the question of one’s credibility. Also, the possibility of a dispute.
Can I Relocate With My Child If I Only Have Visitation Rights?
If you already have a custody order in place, there are a few guidelines you must follow while relocating with your kid. The moving parent must be the custodial parent of the kid. Parents with restricted visiting rights will be unable to relocate their kid to another state unless their custody arrangement is first changed by the court.
The custodial parent must be able to honor the existing parenting plan if he or she decides to relocate. To put it another way, if the agreement calls for the kid to see their other parent every other weekend, those visits must be honored. You must request a modification from the court if you want to modify visits or your existing custody arrangement before the relocation.
A single mother knows how difficult it is to raise a child alone, especially if she has an issue in front of her with the ex-spouse and things have to go through a legal mold. There’s nothing to worry about if both the parents are on the same side for the sake of their children.
If it’s otherwise, it’s a must and safe to involve the legal system in between. Get a good lawyer if you’re sure about moving on and don’t want your child’s father’s presence in this.
You need the knowledge to start something. And, your lawyer will be an ideal guide who can lead your road- maybe it’s ahead or backward. You know, a discussion with a cup of tea helps.
Frequently Asked Questions
Can my child's father stop me from moving away?
The court cannot stop a parent from relocating, so the child’s father. But, if it is necessary, there could be an update in the amendment mentioning the child will be with their father in this case. The court may also allow the mother against the father in certain circumstances.
Can a father stop a mother from moving?
No. But, the mother will have to move alone. To move with the child, the custodian parent has to prove to the court that it will be beneficial for the child.
How far away can I move from my child's father?
The distance depends on the current custody agreement. Usually, based on the case, it is determined. Also, the child's ability and the relationship with you or your spouse play a vital role here. Location may not be a significant issue here.
Can my ex move my child without my permission?
Usually, they can’t. But it’s possible till then, as long as the move plays no adverse role against the relationship between you and your child, parenting time, decision-making responsibility, etc. That’s why there should be an agreement well-arranged.
Can a parent keep a child away from another parent?
No. Legally, a parent cannot keep their child from another parent in a normal state of affairs.