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    Rkanovac77's Avatar
    Rkanovac77 Posts: 32, Reputation: 1
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    #1

    Oct 22, 2011, 12:14 AM
    Separation agreement
    Hi

    My friend is legally separated now in Quebec. According to the agreement, the 16yo child is in custody of both parents plus the father to contribute the mother with $150 a month because of her lower income. The kid was to be 7 days with one parent and 7 days with the other.

    That lasts for 8 months.
    Now my friend wants to move out of the province (from Quebec to BC), and the kid wants to stay with the other parent (father). What is my friend's legal obligation to do in this situation?
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #2

    Oct 22, 2011, 05:49 AM
    The obligation is to decide on the move and also the custody arrangement in a civil manner. Then have it court approved after. If there is a change in child support then pay it.
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #3

    Oct 22, 2011, 04:57 PM
    Quote Originally Posted by Rkanovac77 View Post
    So, according to your answer, my friend cannot move until approved by the court? Have I gotten it right?
    Yes that is correct.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Oct 22, 2011, 05:07 PM
    Well your friend could move, but they would have to leave the child with the other party. Since they could not move and deny the other party of their legal visitation rights.

    They can give up their own right to visit, till a new agreement can be reached if they want to move that bad.
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #5

    Oct 27, 2011, 03:11 AM
    Quote Originally Posted by Rkanovac77 View Post
    califdado...you know nothing about the family law.
    You have no clue whatsoever what your talking about. If you knew it already there would be no reason to ask a question.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #6

    Oct 27, 2011, 03:38 AM
    Quote Originally Posted by Rkanovac77 View Post
    califdado...you know nothing about the family law.
    OK, if you believe Califdad's answer was wrong, then cite the law or some other proof to back up your claim. Just making an insulting statement like this is not fair.

    However, on re-reading this, you are saying the mother wants to move and the child wants to stay with the father. In that case, if the mother understands that she would be voluntarily relinquishing her visitation rights since an alternating week schedule will no longer work, then she is free to move. But if she wants the child to come visit her, then she should go back to court and petition for a modified visitation.
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