Parental mobility is a complex issue that many parents face after a breakup or divorce. People often want to move to a new location for a fresh start or to have the support of family or their community. However, when they have children, this could compromise the children’s rights to have time with both their parents.
When you are a parent with a parenting time agreement and you or a co-parent hope to move to a different location, speak with an Oakville relocation lawyer. A well-versed child custody lawyer at The Riley Divorce & Family Law Firm could review your situation, explain your rights, and pursue your goals regarding relocation.
Parents who share children but live apart typically have an agreement concerning sharing parenting time and parental responsibility under Canada’s Divorce Act, Ontario’s Children’s Law Reform Act, or both if the parents are divorced. A relocation is a move that would impact the parenting time agreement in place. When either parent wants to relocate, and the timesharing agreement needs to be modified to accommodate the move, the parent must provide notice, and an Oakville lawyer could help with this process.
The notice requirement applies whether the parent moving intends to bring the children with them or not. When the move would limit the children’s access to either parent, the notice requirement is triggered. The parent intending to move must give notice to their co-parent and anyone else who has a contact order allowing them time with the children.
Notice must be given at least 60 days before the proposed relocation. It must include the planned move date, the parent’s new address, and a proposed revised timesharing plan. Once notice is given, a qualified person has 20 days to object. If there is no objection, the parent is free to move.
Only a parent whose timesharing arrangement would need to be altered can object to a parent’s move. A person with a contact order, like a grandparent, has no standing to object to the relocation. In addition, a parent can object only if the other parent plans to relocate with the children. A parent who intends to move without the children must give notice, but the custodial parent has no grounds for objection.
When a parent files an Objection to Relocation, the matter goes before a judge. The objection must detail why the parent objects and include the objecting parent’s proposals for sharing time and parental responsibility. An Oakville lawyer could help a parent prepare the Objection for relocation purposes and ensure it is filed with the court promptly.
Both parents could use the time before the scheduled hearing to negotiate an alternative timesharing and parental responsibility plan. A plan negotiated by the parents is more likely to be practical and workable in their situation, and a negotiated plan keeps control in the parents’ hands. When the parents cannot reach a compromise, the court holds a hearing.
Judges must base any decision impacting children on the child’s best interests. When the parent’s interests and the child’s conflict, decisions must be in favor of the child’s wellbeing.
The law lists multiple factors a judge can evaluate when deciding what supports the child’s best interests, but judges have the discretion to consider any fact they believe would influence the child’s emotional and physical safety and well-being. Some factors that may be especially relevant in deciding on a relocation include:
When parents have equal parenting time, the parent who wants to move must demonstrate the relocation is in the children’s best interests. When the parent intending to relocate is the primary custodial parent and has the bulk of the parenting time, the other parent must prove that relocation is not in the children’s best interests. An Oakville lawyer could help a parent make a compelling case supporting their position in the instance of a relocation.
Many parents understandably want a fresh start in life after a divorce or breakup. However, relocation can be extremely disruptive to the relationship between parents and their children. The law puts the children’s interests first when there are objections to relocation.
Consult an Oakville relocation lawyer when you or your co-parent want to leave the area with the children. The legal team at The Riley Divorce & Family Law Firm has extensive experience assisting parents with relocation disputes. Get in touch 24/7 to get started.
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