Child Custody FAQs

Can a Party Move a Child Away From the Other Party?

faq
Written by Russell Alexander ria@russellalexander.com / (905) 655-6335

A party can move a child away from the other if there is a Separation Agreement or Order allowing them to do so. If there is not, then the other party can start a court Application and bring a motion to keep the child in the area. A court will usually look at the history of the parties, who makes the decision, where the child has lived and the reasons for the move, among other items.

A party who wants to move out of the jurisdiction should either get a court Order or a written Separation Agreement before they start making plans to move.

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About the author

Russell Alexander

Russell Alexander is the founder of Russell Alexander Collaborative Family Lawyers and is the firm’s senior partner. At Russell Alexander, our focus is exclusively family law, offering pre-separation legal advice and assisting clients with family related issues, including: custody and access, separation agreements, child and spousal support, division of family property, paternity disputes, and enforcement of court orders. We have locations in Toronto, Markham, Whitby (Brooklin), Oshawa, Concord, Lindsay, and Peterborough.

For more information, visit our website, or you can call us at: 905-655-6335.