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Can I move with my child after separation or divorce?

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Can I move with my child after separation or divorce?

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Can I move with my child after separation or divorce?
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Reviewed: 
July 15, 2019
Answer

There are many reasons why you may want to move with your child, like:

  • a new job
  • better housing
  • to be closer to family or a support system
  • a new partner

Whether you can move with your child or not, depends on:

  • where you want to move to
  • whether anyone has access to your child because of an agreement or court order

You can usually move without your partner's permission if the move doesn't change your child's school, child care arrangements, or the time your child spends with your partner or anyone with access. This means you usually can't move very far from where you now live.

But you need permission from your partner or anyone with access, or a court order if your move:

  • makes it more difficult, or impossible, for them to visit your child
  • changes your child's school, or
  • causes any other major change

You can talk to a lawyer who can help you understand what the law says about custody and access and what you need to do if you want to move.

If you can't afford to hire a lawyer for your whole case, some lawyers provide "unbundled services" or "limited scope retainer" services. This means you pay them to help you with part of your case.

If you can't afford to hire a lawyer at all, you may be able to find legal help in other places.

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