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by bridget hall on March 12th, 2005

bridget hall

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My husband's ex-wife has custody of the kids and he has vistation, can she move out of state without his permission?

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  • by RedJohn on January 13th, 2006

    RedJohn

    The other poster has provided a good answer, but there are a couple of wrinkles.

    A parent can apply to the courts to restrict the other parent's freedom or right to move, regardless of whether they move elsewhere in the same province / state, to another province / state, or, most importantly, out of the country. The location of the move is not as important as the distance involved. A move of 5 km may take you into a different province / state, while a move of 1000 km could keep you in the same one.

    If the children's access to a parent or vice-versa is adversely affected, for whatever reason, the courts can be asked to render a decision on the matter, unless the separation agreement or divorce order states otherwise - and very few actually do. The courts consider access rights from both directions: the rights of a parent to see a child and the rights of a child to see a parent. Any activity that affects either of these rights negatively can be challenged.

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  • by George R. McCasland on September 8th, 2009

    George R. McCasland

    He needs to file an immediate injunction.
    http://dads-house.org/

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  • by Cherub on September 2nd, 2009

    Cherub

    Depends on what is in the divorce decree in general they can not move out of the state till that last child is emancipated or she can get a modification and can do so by proving she would be able to offer them a better life and have the change made. Look at the papers.

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  • by riffraff814 on March 14th, 2005

    riffraff814

    It depends on the terms of the divorce agreement. You should consult a lawyer.

    If your husband has a visitation agreement that involves weekends, then it's quite possible the mother cannot move without modifying the currently existing documents. However, if the move would result in a seriously improved quality of life (that is to say, she can get a much better paying job in the new state, enriching her children's lives greatly), it's entirely possible the court would modify the agreement to favor her move. In return, your husband might get more extensive long term visitation rather than limited short term visitation (i.e. all summer rather than every other weekend).

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