Wednesday’s Video Clip: Whether a parent has a right to move with a child — the concept of “mobility” in family law
The moment that the parents of a child separate, everyone’s life circumstances change immediately: there are usually new living arrangements and a custody and access schedule put in place.
But as time passes, there may be other developments as well; for example, the parents may embark on new relationships with new partners or may change jobs.
The potential impact on any court-ordered support, custody, or specific access arrangement, and the effect on each parent’s rights must be assessed and weighed.
In cases where one parent’s new relationships or new jobs require a move to another city or province, the concern is even greater. This is because such scenarios give rise to the legal issue of whether the circumstances and preferences of the parents should be allowed to dictate the child’s living circumstances, whether such moves should be allowed and by whom, and — if so — what happens to the custody and access arrangements that are in place.