Moving away... The father is still in school, his fiance is unemployed

[layneatkin]

Moving away from my daughters father...

I currently live in Ontario with my daughter but I now need to move to Alberta because I am expecting a child with my Boyfriend who lives out there. My daughters father currently has her 43% of the time and is very active in her life. My boyfriend is in a three year contract and if he breaks his contact he has to pay back over 30,000 so he is stuck out there. My daughters father is still in school and his fiance is unemployed and taking one night class, moving out west would offer better opportunities for my daughter because my boyfriend has a really well paying job. I just don't know if I have any right to take her or if i will have to fight him in court to take her with me? If so what does the judge take into consideration when making his decision?

Originally Posted by layneatkin I currently live in ontario with my daughter but I now need to move to alberta because I am expecting a child with my Boyfriend who lives out there. My daughters father currently has her 43% of the time and is very active in her life. My boyfriend is in a three year contract and if he breaks his contact he has to pay back over 30,000 so he is stuck out there. My daughters father is still in school and his fiance is unemployed and taking one night class, moving out west would offer better opportunities for my daughter because my boyfriend has a really well paying job. I just don't know if I have any right to take her or if i will have to fight him in court to take her with me? If so what does the judge take into consideration when making his dicision?

Let's clear up a common misconception.

Being in a better financial position does not equal "best interest of the child". What is in the best interest of the child is being bonded with the people who love her and are an active part of her life.

Your ex certainly has every right to block this move considering the circumstances you have described (not "discribed"). He's very active in her life and clearly they have a familial bond.

It would appear you are thinking only of your own best interest and not the child's. Clearly, this child would not be better off moving so far away from her father.

If you want to chase your latest boyfriend around the provinces, allow full custody by the child's father and then you can have visitation.

If he's smart, he will take you to court and fight you tooth and nail on this.

No, you do not have the "right" to take her without his input or his permission.

Judges take into consideration the familial ties the child has with the parent about to be alienated from her life. In this case, it's doubtful a judge would allow such a move.

[AFFA]

I wish to inform you that you may take child after taking permission from court. Fact that your economic conditions will improve will enable you to show that it is in best interest of child that you move to Alberta. Further you may present a parenting plan in which father can also maintain contact with child. Court consider best interest of child as main consideration and generally court prefers that both the parents must maintain contact with the child.

AFF

[layneatkin]

I am not trying to take my child away from her father and I am just in a terrible position that I am trying to figure out the best possible solution for both children involved. I want my child to keep her relationship with her father in ontario but I also need to make sure my other child has a relationship with her father in alberta.

Originally Posted by AFFA I wish to inform you that you may take child after taking permission from court. Fact that your economic conditions will improve will enable you to show that it is in best interest of child that you move to Alberta. Further you may present a parenting plan in which father can also maintain contact with child. Court consider best interest of child as main consideration and generally court prefers that both the parents must maintain contact with the child. AFF

The above response is absolute bunk.

For one thing, there is no actual evidence to suggest the OP's economic conditions are going to improve. The OP clearly states it is her boyfriend who will be providing such economic conditions. She did not mention her own contribution. Further, she has another child on the way but she's yet to marry this man she's a) pregnant by, and b) has security with as far as finances since he's the sole provider but they're not married.

When the best interest of this child is considered by the court, any judge with half a brain will rule that the child already has a bonded relationship with her father and that the bond must not be broken.

[Friend In Court]

Originally Posted by layneatkin Moving away from my daughters father... I currently live in Ontario with my daughter but I now need to move to Alberta because I am expecting a child with my Boyfriend who lives out there. My daughters father currently has her 43% of the time and is very active in her life. My boyfriend is in a three year contract and if he breaks his contact he has to pay back over 30,000 so he is stuck out there. My daughters father is still in school and his fiance is unemployed and taking one night class, moving out west would offer better opportunities for my daughter because my boyfriend has a really well paying job. I just don't know if I have any right to take her or if i will have to fight him in court to take her with me? If so what does the judge take into consideration when making his decision?

The set of facts you set out are what a judge would consider: A new family already begun with the boyfriend/husband/father of your expected child living in another province, ready willing and able to support you and your expected child of his. Family is important, a first consideration. All of the facts you set out mitigate for the court approving the move. From what you state, to do otherwise would mean the child you are carrying would not have any relationship with her father and you would have no practical means to support yourself -- your new family separated, hundreds of kilometers away. The only thing you could have added to the facts you set out is that you two are engaged.

What would be the most likely result is that the court would grant liberal access -- like months at a time, perhaps entire summer, split the holidays, determine who would pay the travel costs, support, etc. The best possible outcome would be to negotiate this with the child's father and then approach the court for to have the stipulated agreement approved. Lacking agreement, you will have to file for custody and permission to make the move -- based upon the facts you state here.