Relocation

Relocating following a divorce or separation is not unusual. An increased need for family support, career opportunities, or a new life partner can pull separating parties in new directions.

Moving Within Canada Or Overseas?

Moving or relocating following a divorce or separation is not unusual. An increased need for family support, career opportunities or a new life partner can pull separating parties in new directions. A parent wishing to relocate with a child commonly ends up in court – the positions are often polarized: to relocate or not. That is the question.

The short answer is, a court may or may not give permission for the relocation, especially if the effect of the move results in limiting the time the child will spend with the other parent. An experienced family law lawyer can increase your odds of allowing the relocation.

Before even contemplating a relocation, we strongly recommend you seek legal assistance. The law on relocation is both an emotionally difficult and legally complex area of law – you don’t want to go through it alone. The stakes are just too high; the consequences of relocating without following the correct legal procedure will negatively impact your legal position and may severely compromise the success of your proposed relocation.

Have Questions? You Can Clarify Here

Every Child Relocation Case Is Different. Contact our experienced child relocation lawyers today to increase your options of success.

Does Your Child Spend Equal (Or Close To) Time with Both Parents?

This is an important question as it impacts the legal considerations applied by the court. If your child has substantially equal time with both parents then the court may view the relocation in a negative light as it will otherwise impact the time your co-parent spends with your child. If however your child resides primarily with you and your co-parent has limited or unequal contact, your chances of the court approving the relocation are higher. Essentially, the court will view your opportunities as your child’s opportunities, which means if one of you benefits from the relocation so does the other.

Why Are You Relocating?

Be prepared to explain your reasons for relocating in court, and justify those reasons based on your child’s best interest. This will include,amongst other considerations, demonstrating the following:

The move is made in good faith and the move supports your child’s health, well-being and support.

That you have considered reasonable and workable arrangements to preserve the relationship between your child and co-parent. This will be impacted by the nature and strength of your child’s relationship with the co-parent together with the history of your child’s care.

That the relocation is in your child’s best interest. Amongst other factors, key considerations will include your child’s need for stability and in some circumstances, your child’s views (unless it is unreasonable to consider them).

Key Issues To Consider

Key Issues To Consider If Your Planning To Relocate

There is no one rule which determines whether the court will permit the relocation.

The ultimate consideration for the Court is whether the relocation is in the best interests of your child or children.

If you have majority of the parenting time with your child(ren), getting the court’s approval to relocated may be easier than if you have shared and equal parenting arrangement.

The court will consider a variety of factors including your reasons for relocating and whether the relocation is likely to enhance the general quality of life for you and your child.