When Can A Parent Move Out of the Area With the Kids?

When Can A Parent Move Out of the Area With The Kids?

Relocation or mobility cases when one parent wants to take a child and move some distance away from the other parent are among the most difficult cases in family law.

If the custodial parent is permitted to move with the child, inevitably the relationship between the non-custodial parent and the child will be affected and may suffer.

Typically, family court must balance the custodial parent’s legitimate interest in relocating with the non-custodial parent’s legitimate interest in maintaining a relationship with the child.

But in every case, the ultimate question is what is in the best interests of the child.

Hi, my name is Thomas O’Malley.  I’m an experienced family lawyer in Durham Region and the GTA.

The court will review these key considerations in deciding whether a parent can relocate a child to another city or area:

a)   There is no legal presumption in favour of de facto custodial parent;

b)   the focus is on the best interests of the child and not the wishes of the parent;

c)   the court should consider the existing parenting arrangement;

d)   the desirability of maximizing contact with both parents;

e)   the views of the child;

f)   the custodial parent’s wishes to move are only considered if they are relevant to their ability to meet the needs of the children;

g)  the disruption to the child by change in school, community and family they have come to know.

In resolving custody disputes, emphasis must be placed on the critical importance of

bonding, attachment and stability in the lives of young children. 

The Ontario Court of Appeal has stated that moving at a young age will usually have less effect on the child’s life. 

The Ontario Court of Appeal has also explained that, if the custodial parent is permitted to move with the child, inevitably the relationship between the non-custodial parent and the child will be affected and may suffer. Typically, the court must balance the custodial parent’s legitimate interest in relocating with the non-custodial parent’s legitimate interest in maintaining a relationship with the child. But in every case, the ultimate question is what is in the best interests of the child.

Courts have also recognized that in permitting a parent to move away with a child that modern-day technology has made it easier to overcome the distance problem regarding access and maximizes contact with the other parent.

In general, when a move will not interfere materially with the ability of a party to exercise access, then a court will be more likely to accept the move.

In a recent case, the court permitted the mother to move with her children from Hamilton to St. Catherines since the move did not interfere with the father exercising his access to the children.

I discuss some key advice on successful co-parenting in your separation or divorce in another video.

If you have any questions about your separation, divorce or family law case and you would like our help, there’s a few ways to contact our office. 

You can leave a message on my Facebook law office page, visit my website at www.canadiandivorcelegaladvice.com, or call me directly at 905-434-8837.  We would be happy to speak to you.

Oh, by the way, did you know you can protect your family law rights and get essential information on settling your family law issues with your former spouse with the daily indispensable family law advice and tips at my FREE Facebook group? 

Click here for more information: Durham Region Separation and Divorce Legal Support Group  

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