My 14 year old son wants to move out west with his dad soon from NS

Melanie - posted on 09/13/2017 ( 5 moms have responded )

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My son wants to make his own decision on moving out west with his dad and their family. He also has a brother here and his home he has grown up in. He said if i take legal action so he cant go he will run away because he wants to be able to make his own decision, which i think he has already decided to go. He has diagnosed behavioural disorders and i am extremely concerned and as well will miss him like crazy as i cannot afford to fly there to see him so i would have to wait until next summer :(

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Sarah - posted on 09/13/2017

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He is 14, and unless he is emancipated he does not get to decide; end of story. You are the parent, you don't need to take legal action to keep him from moving and if he runs away, you call the police and have him brought back home. He's 14, he won't be able to get far with no car, no job and no money. What does your custodial decree state?

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Sarah - posted on 09/14/2017

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I am confused as well. If the father is his primary residence and he is moving, why would your son not go anyway?

Michelle - posted on 09/13/2017

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Your original post and your updated post don't match.
In the original it sounds like your son lives with you and Dad has already moved and he wants to go and live with them. In your 2nd post you say your son already lives with Dad and you have visitation.
Like Dove said, if the court orders say he can move without getting approval and that he has custody then there's not a lot you can do. If the court orders state that he has to get permission to move then you both have to go back to court.
Your son doesn't get to make the decision on where he lives but the courts have already given primary custody to his Father.

Dove - posted on 09/13/2017

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Wait? The custody order ALREADY states that he lives w/ his dad? Then that's what he does. If his father is moving out west (and hasn't already left) his FATHER needs to get permission from the court to move that far w/ your son unless he has already done so... or unless the court order stipulates he can move anywhere he wants w/out prior court approval. The father needs to prove that this move will be in the best interest of your son AND he has to provide how he will maintain your visitations. Unless, like I said, he has already recently gone to court and had all of this decided.

I'd be letting your ex know that this does need to go through court. You have a right to maintain your visitations w/ your son and if this move is going to impede those (as it obviously does) your ex needs to present an alternate visitation plan (that he should have to pay to send your son back and forth) that will be deemed acceptable by the courts.

Melanie - posted on 09/13/2017

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we have an order that says he lives with his dad which isnt far from me and he comes to see me at what times are agreed upon which is the weekends and a few weeks in the summer.

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