My divorce was finalized last November, and my lawyer has since stopped practicing law. My ex-husband and I live in the

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Customer: Hi! My divorce was finalized last November, and my lawyer has since stopped practicing law. My ex-husband and I live in the same city, Fort Saskatchewan, Alberta. However, he is moving to Edmonton in a few weeks. I only found out about this move from my daughter and son. We have shared custody, and I pay him child support. He is expecting that my 16 year old son will drive himself and my 13 year old daughter to school in Fort Saskatchewan on the days that they are with him. It is about an hour drive, and this will be the first year my son has driven in the winter. I phoned my ex and suggested that the kids stay with my during the week throughout the winter for safety reasons, and he refuses. Wondering if I have any grounds to pursue this further? Thank you!
JA: Hi. What's the reason for the relocation? How much advance notice has been given?
Customer: He told me about a year ago that he was thinking of moving into Edmonton to live with his new girlfriend. I didn't actually know that they had bought a house and take possession on Oct 14 until about 3 weeks ago.
JA: Has there been any mediation on this issue?
Customer: I phoned him to discuss the travel of the kids and find out some dates of his move. No lawyers involved though.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I think that is everything I am concerned with, thanks!
Answered by Joey in 16 mins 1 year ago
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Joey
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Joey, Expert

Hi and thank you for using JustAnswer.  My name is ***** ***** I will be assisting you with your question.

Just a general disclaimer that this conversation is for informational purposes only. I am licensed Canadian lawyer; however, you would need to retain a lawyer to take any legal action and/or preserve any of your legal rights. I may be away from my desk from time to time, but rest assured I will always return back as soon as possible.

I’m currently working on your question.

Customer
Thank you, ***** *****
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Joey, Expert

Good morning –  sorry to hear of the situation. You should make another attempt to reach some compromise. Otherwise, you could go to court and change your agreement given this is a material change in circumstances. It’s unlikely the court would force a new driver who is only 16 years old to drive 1 hour during the winter months – it’s just not safe and, frankly, unreasonable.

Customer
Is there a specific distance that is allowed for a change of residence?
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Joey, Expert

He can move anywhere he wants; however, if it will impact the custody arrangement (which it will of course) then he should expect to have reduced visitation rights and may need to arrange for transportation.

Customer
Thank you, ***** ***** appropriate to suggest that he drive the kids back and forth himself?
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Joey, Expert

That would seem reasonable.

Customer
Thank you I just wanted to know if it would be appropriate to pursue it if he will not agree to something reasonable thank you
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Joey, Expert

He needs to compromise and if he refuses, then court will be your only option.

Customer
Thank you
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Joey, Expert

Did you have any further questions about this issue?

Customer
No I think that is it
Thank you
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Joey, Expert

Thank you for using JustAnswer. I wish you the best of luck. If you have any follow up questions about this matter, please do not hesitate to reach out to me.

Customer
Sounds good and thank you
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Joey, Expert

You're welcome.

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