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 the a 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.
In family law, this is known as a “mobility” issue.
