Family Law... Relocating with Children after Separation or Divorce

Monday, November 16th, 2015
Posted in: Mobility and Moving with Children Family Law by Angela Walker, Partner

Michelle Rogers – November 2015

Today’s society is a very mobile one.  With easy access to travel and communication technology, many people will relocate for personal, career, or relationship reasons.  These reasons often include:

As individual adults, the decision to move is a personal one.  This can become significantly more complicated for separated or divorced parents with children. When one moves to a new city, the children must either live primarily with the remaining parent, or the moving parent.

A parent cannot move with a child without the consent of the other parent, or a court order.

Unfortunately, the issue of “mobility” is an often litigated one.  The focus is on the best interests of the child, not the interests and rights of the parents.  In making a determination, the court will consider many factors, including:

The decision to relocate with or without a child should be discussed with a lawyer far in advance of the intended move.  If a parent wishes to relocate with a child, the other parent’s consent or court approval must be sought.  In both cases, it will be necessary to arrange a new parenting schedule that takes into account both parents’ new living circumstances.

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