Relocation and Parenting: Balancing the Scale
Introduction
Moving away after a divorce or split can be a complicated process, especially when children are involved. The relocating parent has to consider not just the logistics of the move, but also how it will affect the child's relationship with the other parent.
A Clear Plan for Maintaining Contact
The original pleadings, or any affidavit filed in support of a motion for a temporary order for relocation, should set out a clear and realistic plan for maintaining contact with the other parent. This is not just a legal requirement; it is also a crucial step in ensuring the child's wellbeing. For instance, suggesting that the non-relocating parent can travel to the new location on alternate weekends might sound feasible, but if the cost and time would be prohibitive, it's not a realistic or fair proposal.
Child Support Guidelines and Managing Costs
Under s. 10(2)(b) of the Child Support Guidelines, O. Reg. 391/97, unusually high costs of exercising access are a reason to deviate from the child support table amount. If the proposed move will significantly improve the relocating parent’s financial situation, it may be appropriate to waive all or part of the child support table amount. Alternatively, the relocating parent might be required to use part of the child support funds to cover travel costs, ensuring that the non-relocating parent can continue to see their child.
Creative Solutions for Maintaining Contact
Depending on the age of the children and the collective finances of the family, there may be other creative solutions available. For example, the relocating parent could propose to allow the other parent to have a majority of the school vacations. Furthermore, regular contact can be maintained through telephone, Skype, FaceTime, social media, or email, depending on the child's age and maturity. The parents could also arrange access when either of them travels to the other's location.
Conclusion
Relocation after a split is a complex process that requires careful planning and thoughtful consideration of both parents' resources and the child's needs. When handled correctly, it is possible to balance the relocating parent's need to move with the non-relocating parent's right to maintain contact with their child. It is important to remember that every family's situation is unique, and what works for one might not work for another. Always prioritize the child's best interest and seek professional advice when necessary.
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