Every day families are moving to different cities, provinces, or even countries. In many cases, moving is a personal choice and people are free to make whatever decision they want. However, this may not be the case in situations where there is a Parenting Order in place. Parenting Orders generally set clear expectations for when and for how long each parent shall have access to their Child.
The starting point is looking at the parenting arrangements. Generally, these issues arise when the one parent that has primary parenting wants to move. The government has set out specific tests for the Court to use to decide these cases. It is important to note that in situations where both parents have shared custody, the parent wanting to move usually needs to sacrifice some parenting time. Of course, this is not always the case, but this is something to be aware of.
Before the Court starts weighing the various factors, there is one threshold that must be met. That is a material change occurring since the Parenting Order. To be a material change, it must be a change in the condition, means, needs, or other circumstances that directly affect the child. In addition, these changes must not have been reasonably foreseen when the judge made the initial parenting order. Generally, a move is a material change, but note that the reasons for the move are often reviewed by the Court.
Once the Court has established a material change, the next step is to consider parenting with the new facts. The Court uses the idea of “Best Interest of the Child” to decide all parenting issues. In Canadian family law, the child holds all the rights and entitlements, which is important because some parents base their arguments on their need to relocate and their entitlement to time with their Child. The reason for relocation is only relevant when the parent is relocating to increase their ability to meet their Child’s needs.
To determine the Best Interest of the Child, the Court considers several factors. Maximizing contact between the Child and both parents is a significant factor. Other relevant factors are the disruption moving would cause to the child’s relationship with the other parent, the rest of their family, their friends, and the activities in which they regularly participate. The Court may also consider the child’s views if age appropriate.
If you currently have a Parenting Order in place and want to move, you must think about the Court’s factors to decide your matter. Therefore, it is advisable to ensure your reasons for moving are in the Child’s best interest before you begin planning to move. The Calgary Legal Team has experience with bringing and defending mobility applications and we can assist you.