Relocating with children after a separation or divorce can become complex. The best interests of the child are always paramount. Canadian family law has undergone significant changes to address the rights and responsibilities of parents when considering a relocation.
Progressive Legal Solutions constantly deals with files where one party either wants to relocate or has already relocated. These actions can either lead to a legal action by another party. They can also arise within the context of the ongoing family law legal proceeding.
The new changes to the family law legislation (Divorce Act and Children’s Law Reform Act) have established legislative notice requirements. A parent who intends to relocate and for a parent who objects to a relocation.
Even if one party has the children in their primary care and sole decision-making authority, they do not have a carte blanche to make unilateral decisions. Neither party can relocate without either the consent of the other parent (unless the relocation does not significantly impact the other parent’s relationship with the other parent) or unless they have obtained a court order.
Relocating with children is a significant decision with far-reaching consequences. By seeking legal guidance and understanding the relevant legal framework, you can ensure that the best interests of your children are protected throughout the relocation process.
Disclaimer: This article is intended for informational purposes only and does not constitute legal advice. You should consult with a qualified family law/divorce lawyer to discuss your specific situation and obtain legal advice tailored to your individual needs.
Progressive Legal Solutions can help you with the issues related to your mobility rights and relocation. We can also help with all other issues arising out of separation.