Posted by: mimi | 2011/04/13

Living Abroad

Hi in about 4 months our divorce will be finalised and as the mother i have primary custody of the kids with the dad seeing them every second weekend and some days a week etc. My question is if i should decide at a later stage in life to move abroad, what happens then? do i just need his permission or what would change in the situation and if he does not want us to move what are my rights then? He wanted the divorce.

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Our expert says:
Expert ImageDivorce support expert

Hi Mimi,

You may have primary residence but according to the new children act both parents now have equal and responsibilities. Whatever your future plans are will have to be determined not on the fact that he wanted the divorce or that you are wanting to move but on what is in the best interest of the children.
Whatever reasons you have to envisage leaving the country are most probably very valid ones. As a newly divorced person you will be fragile and feeling raw. Allow for yourself to heal first and allow for the children to get used to their changing circumstances. Children do need both their parents to love them and do need to be allowed to love both their parents. To have both their parents involved actively in their lives is of utmost importance to their healthy development and well being.
Should your circumstances really call on you to move abroad you will have to have the father's permission. In this case it would be advisable to discuss the issue through mediation, allowing for all options to be covered and considered.
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