If you share custody of your child with a former partner, moving is not a simple matter. There are many factors the court will consider in the relocation of a child. Decisions are made based on the best interest of the child and courts recognize the importance of a close and continuous relationship with both parents.
If the custodial parent plans to move away from the non-custodial parent or outside of Ontario, the custodial parent must notify both the other parent. Regardless of the distance, a custodial parent must continue to comply with any court order regarding parenting time unless and until that order is changed. If the non-custodial parent objects he or she can file an application to stop it.
If there is no existing court order for custody and visitation the custodial parent is free to move away. However, the non-custodial parent can object, especially if the move will interfere with the ability to visit with a child. When a current order is in place factors taken into consideration
include distance, quality of life, school district and activities nearby. Whether there is an order in place or not, it’s a good idea to start the process by talking to a lawyer and provide the other parent with relocation plans.
We will help you understand all the necessary steps involved in relocation requests. If you are the parent requesting to move away we’ll walk you through the factors the judge will consider and see that your relocation or move away request is handled properly.