Q. My ex moved to Florida three years ago. I just got a great job opportunity in North Carolina. He is objecting to my moving our son out of state at the end of the school year. I think the timing would be perfect because he will be heading to middle school so it’s a good time for a transition. I don’t know how my ex can stop me from moving if he doesn’t live here any longer. He told me that just because we move it doesn’t mean we can move our son because our agreement says neither of us can permanently remove him from Massachusetts and he will fight me.

Meanwhile our son spends six weeks each summer with my ex but that is all. He now says we will just have to send him to boarding school in Massachusetts and equally split the summers. Can this really happen? If so, can I make my ex pay for boarding school? He threatened me with contempt.

A. This is a first and I give your ex some originality points for his position but that is all he will get.

The removal statute assumes that at least one parent still lives here with the child and seeks to prevent one parent moving with the child while the other is left behind. If he will not agree to let your son move with you at a time when you have primary custody on account of his leaving the state, I recommend you get his objection in writing and file a complaint for modification seeking immediate removal to North Carolina, attach his written objection and, as part of your relief, ask that he be ordered to pay your legal fees for forcing you to get a court order.

As soon as the complaint is filed, also file an emergency motion for temporary orders asking for permission to move your son at the end of the school year on a temporary basis and let the judge know you will return for a trial if necessary.

You can file a motion for summary judgment once your ex is served with the complaint and the time to file his answer has expired. There are complex and specific rules surrounding the motion for summary judgment when filing in the probate and family court so make sure your lawyer has either filed such a motion before or knows how. This motion will allow the judge to grant your request without the need for a trial and to order your ex pay your legal fees for his denial of your removal request.

As for boarding school, you should not even entertain that notion.

Email questions to whickey@brickjones.com