Want to move with your children? You have separated from your partner and are pursuing a new love. Moving in seems logical. It’s the next step in the exciting life you are creating together. Or so it seems.

What could happen if you have children might surprise you. Divorce and child custody disputes can be complex, especially when one parent wants to move in with their children. This can happen for various reasons, such as work, family, or personal circumstances. However, it can be complicated if the other parent does not agree or if the move would significantly impact the children’s lives.

Relocating with Your Children: Legal Guidelines

The custody arrangement typically determines whether a parent can move with their children. If the parents have joint legal and physical custody, they must devise a plan that works for everyone. This may involve modifying the custody arrangement to allow for more flexibility.

If one parent has primary physical custody, they may have more freedom to move with the children, but they will still need to follow specific legal requirements. In many states, a parent wanting to move with their children must notify the other parent and the court. The other parent has the right to object to the move, and a judge will decide whether or not to allow it based on the children’s best interests.

A judge will consider several factors, such as the reasons for the move, the impact on the children’s education and social life, and the parents’ ability to co-parent from a distance. The judge will decide based on the children’s best interests, which may result in denying the request or modifying the custody arrangement.

Adapt to a new home

It’s important to note that even if a parent can move with their children, it can still be challenging and emotional. Children may struggle to adapt to a new home, school, and community and may miss their other parents and extended family members.

Parents must work together to make the transition smooth and keep their children’s best interests in mind. If you’re facing a dispute over child custody or considering a move with your children, working with an experienced family law attorney is crucial.

Understanding the Child’s Best Interest in Relocation Cases

They can help you navigate the legal system and protect your rights and interests. With their guidance, you can make informed decisions about your and your children’s futures. Moving with children during or after a divorce can be complicated. The ability to do so will depend on the custody arrangement, the reasons for the move, and the children’s best interests. Parents can navigate this complex process and prioritize their children’s well-being by working with a knowledgeable family lawyer.

“AJ” and “Susan” met in high school, moved in together and married in 2005. They went off to college and university and settled into their careers. He worked at a wholesaler near their home, and she travelled daily for her job. It seemed like a perfect union.

You might have to take your spouse to court if you need custody quickly. Keep in mind it’s going to cost a lot of money. But if you win, your spouse might have to pay your legal fees.

Can You Move With Your Children?

Gradually, cracks appeared in the marriage. He suffered from depression and drank, mostly mildly to moderately. Occasionally, they got drunk together. Seven years in, she discovered the affair. His locked cell phone was the first clue.

Over five months pregnant, Susan got the password and broke in to discover AJ had been texting back and forth to a girlfriend. The emails were explicit, or so she said. Distressed but determined to break it off, Susan left their home and moved in with her siblings. Four months later, she gave birth alone at a nearby hospital.

Although Susan called her former husband to meet her there, hospital security ushered AJ off the grounds after he argued with her mother.

A Child Born After Separation

AJ claimed the pregnancy was unplanned, but Susan said he was fully aware she planned to have a child. The infant, “Lizbeth,” was healthy and happy and lived full-time with her mother. In court, the couple agreed on access, with AJ and Lizbeth having day and overnight visits, increasing in duration as the infant matured.

AJ visited his daughter 90 minutes a week on average, dropping by Susan’s mother’s apartment in his hometown. As anticipated, AJ’s visits became more frequent as Lizbeth became a toddler. By May 2014, AJ’s access was expanded to six every 14 nights, from Tuesdays after daycare to Thursday mornings and alternate weekends. The access order was finalized in September 2014.

Although AJ initially reneged on child support payments (due to simply not having the money, he said), he eventually began paying. He was catching up slowly on the arrears and contributing 40 percent of Lizbeth’s daycare costs.

Legal Aspects of Moving with Your Children

Five months later, Susan announced she was moving that summer. She was engaged, and her fiancé owned a farm 20 minutes south of her home. AJ’s commute to pick up Lizbeth would now be 3.5 hours twice a week.

AJ objected. He returned to the Ontario Superior Court of Justice and sought sole custody of Lizbeth or, failing that, an order restricting how far away she could be moved. AJ claimed Susan had been dating when they signed the access order in September 2014 and could have told him then. That might have changed what he agreed to. He had been “duped” and “tricked,” AJ told the court.

There were many opinions on what was in the child’s best interests. In addition to Susan and her sister, the fiancé, “Brad,” and his sister were in court. Lizbeth’s daycare supervisor was offered a chance to speak. AJ, his by-now common-law partner, former girlfriend, “Chandra,” and her mother were also involved. Chandra’s former husband and AJ’s father rounded out the group.

Navigating Legalities When Moving with Children

At trial, AJ admitted he had not told Susan when he moved in with Chandra in 2013. As he described it, Lizbeth enjoyed her stays with her new, blended family.

The couple had a yard for her to play in and a dog. Chandra’s two daughters, 11 and 13, got along famously with Lizbeth. AJ and Chandra had their daughter, who was born in 2015, and another infant. Susan’s ex also confessed that he had not helped her with baby supplies, even though he and Chandra had gone to Las Vegas six months after Lizbeth’s birth.

How to Notify the Other Parent About Your Intent to Move

He said his parents paid for the trip. Further, AJ wanted court costs ordered against Susan paid to him in full instead of using the money to reduce child support arrears. Chandra testified that her daughters would be “devastated” if Lizbeth moved away. She reported that AJ was an excellent and attentive parent who drank mildly but not to excess.

Her ex-husband was comfortable with the arrangement and told the court he agreed that Lizbeth and his daughters were very close, as did Chandra’s mother. AJ’s dad was positive. He and his wife visited Lizbeth a couple of times monthly.

Move With Your Children

When Susan testified, she was satisfied AJ was a good father and tried hard. Although initially worried about his drinking, she conceded it was no longer an issue.

In her defence, she said her relationship with Brad had been in its early stages in September 2014 when the access order became final. She didn’t mention how serious their relationship was becoming until Brad proposed in February 2015.

While her new home would be further from AJ’s residence, Brad’s livelihood depends on him staying on the farm. Susan was confident Lizbeth would adjust well to life there.

Brad had nieces and nephews and a large extended family who had welcomed Lizbeth in. Brad’s and Susan’s sisters were optimistic about the move. Susan proposed dropping Lizbeth off at a midway point for her weekly visits with AJ. The location was about a 90-minute drive each for Susan and AJ.

The Court Makes Their Decision

Some basic issues are at the heart of custody and access decisions. ONCJ considers:

• existing custody and access arrangements and the relationship between the child and both their custodial parent and the parent with access;
• the desirability of maximizing contact between the child and both parents;
• the child’s view;
• if it affects their ability to meet the child’s needs, the custodial parent’s reason for moving (but otherwise, not);
• Disruptions to the child if custody is changed and
• How disruptive would it be for the child if they were removed from family, schools, and community?

Legal Considerations for Relocating with Children

Lizbeth was lucky. Susan was a loving, caring parent, and the judge had no concerns about allowing her to move. AJ had a close relationship with Lizbeth and would still have frequent access despite the move. Susan and AJ already lived in different communities, meaning Lizbeth had to commute to be with either parent. Starting school already meant Lizbeth would have less time with her father, but the court found moving to the farm was in the child’s best interests.

It would give her a better standard of living. Since Lizbeth had lived with her mother since birth, switching custody to her father would be more disruptive. Lizbeth was too young to express her point of view, but both parents said she was happy and well-adjusted.

Although not what AJ requested, dividing the drive between the parents alleviated some of his concerns. Want to move with your children? Family law lawyers can help you build the case for custody and access.

Can a mother move a child away from the father in Canada?

A parent, including a mother, cannot move a child away from the other parent without permission. The law acknowledges that both parents have a right to a relationship with their child, and the parent seeking to move with the child must obtain permission from the other parent or a court.

The parent seeking to move must notify the other parent, who has the right to object. If the parents cannot agree, a court may need to determine the matter. In deciding whether a parent can move with a child, the court will consider the child’s best interests, including the child’s relationship with each parent, the impact of the move on the child’s education and social life, and the parent’s ability to co-parent from a distance.

Factors Courts Consider in Child Relocation Requests

If the court determines that the move is in the child’s best interests, it may allow the move and modify the custody arrangement. If not, it may deny the request or alter the custody arrangement to ensure both parents have continued access to the child.

It’s crucial to understand that each case is unique, and the outcome will depend on the specific circumstances. If you are a parent seeking to move with your child or facing a dispute over child custody, it’s essential to consult an experienced family law attorney. They can help you understand your legal rights and options and navigate the legal system to protect your and the child’s best interests.

Understanding the Legal Implications of Moving

When a parent wants to relocate, and the move would significantly impact the child’s relationship with the other parent or other influential individuals in the child’s life, it is referred to as “relocation.” The relocating parent must provide 60 days written notice to the other guardians and people who have contact with the child under an agreement or court order.

This relocation notice must be given regardless of whether the parent intends to move with the child. A court can only make exceptions to the relocation notice if providing notice poses a risk of family violence or if there is no ongoing relationship between the child and the other guardian or person with an agreement or court order for contact with the child.

If everyone agrees to the move, parenting time and contact arrangements can be adjusted to suit the new location. However, if a guardian objects to the move, they can file an objection with the court.

Tips for a Smooth Move with Kids

When deciding whether to allow the move, the judge will consider several factors, including whether the move is made in “good faith” and whether reasonable and workable arrangements would preserve the relationship between the child and the other guardian.

Individuals who have contact with a child may not file an objection to the move, but they can seek to modify their contact arrangements to ensure a continued relationship with the child.

If there is a dispute about relocating to another location, seeking legal advice is recommended, as resolving relocation issues can be challenging.