The Legal Aspects of Parental Relocation After Separation
Introduction
Relocation after separation or divorce can be a complex issue when children are involved. It often necessitates a change in existing custody and access agreements, and can lead to legal disputes. This blog post will explore three important aspects of parental relocation: The procedure when there's an existing agreement or order, the procedure when there's no existing agreement, and the procedure following a surreptitious move.
Procedure When There's an Existing Agreement or Order
Often, a separation agreement or custody order will have been in place for several years before the issue of relocation arises. A proposal to relocate is considered a significant change in circumstances that can warrant a modification of the existing custody and access order. A parent wishing to relocate and who is part of a court order or agreement that prohibits them from moving must bring a Motion to Change (Form 15) accompanied by a Change Information Form (Form 15A).
Procedure When There's No Existing Agreement or Order
In cases where there's no existing order or separation agreement dealing with custody and access, the parent opposing the move will need to start an application and should also seek a temporary order prohibiting the other parent from removing the child from the jurisdiction. Alternatively, the parent wishing to move may bring an application for custody and an order allowing them to relocate first.
Procedure Following a Surreptitious Move
When a parent seeking to relocate does not provide advance notice of the move to the other parent, or moves despite the other parent’s objections and without obtaining a court order granting permission for the move, these actions will be viewed poorly by a court. The non-relocating parent must bring an application or a motion to change to court to have the child returned to the previous place of residence.
Reason for the Move
The court will consider whether the parent's desire to relocate is in good faith. Reasons for relocation can vary widely, from seeking better employment opportunities, to being closer to family who can provide support.
Impact on the Child
The court will also assess the impact of the move on the child. This includes the child's age, their attachment to each parent, their current living arrangements, and their ties to the community and school.
Maintaining a Meaningful Relationship
The ability for both parents to maintain a meaningful relationship with the child following the move is another important factor. The court will consider whether reasonable access and visitation arrangements can be made.
Legal Assistance
Given the complexity and high stakes involved in relocation cases, securing legal representation is highly recommended. A lawyer can provide guidance on your rights and obligations, and help you navigate through the legal process.
Remember, the ultimate priority in these cases is always the best interest of the child. The court will always prioritize the child's wellbeing over the desires or convenience of the parents.
Conclusion
Understanding the legal aspects surrounding parental relocation after separation or divorce is crucial to ensuring a smooth transition for all parties involved, especially for children. It's important to remember that the best interests of the child will always be the primary consideration in these cases. Consult with a legal professional to fully understand your rights and obligations in such situations.
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