Podcast: Family Law Now

Family Law Now | Ep. 44: Divorce Act Changes – Part 3A: Mobility and Jurisdiction

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

Episode 44

Changes to the Divorce Act were implemented on March 1, 2021. We’ve broken down the federal legislation into a six part series due to the quantity of important changes implemented. We hope to provide helpful dialogue for parties involved in family law matters and professionals in the family justice system to understand the changes.

Part 3A: Mobility and Jurisdiction

Russell Alexander and Associate Family Lawyers discuss new sections added to the Divorce Act, focusing primarily on relocation. Tune in to learn about the legal requirements of a parent prior to the move, what options the other party has to react and respond in a time frame, and factors that the court will consider if the parents do not agree. The themes of consideration for what is in the best interests of the child, and exceptions for cases of family violence continue to be prevalent in these new sections of the divorce act.

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Show Notes

Previous episodes

Changes to the Divorce Act

Department of Justice for the Government of Canada

Notice (Section 16.9(1), Divorce Act)

Content of notice (Section 16.9(2), Divorce Act

Exception (Section 16.9(3), Divorce Act)

Application without notice (Section 16.9(4), Divorce Act)

Relocation authorized (Sections 16.91(1) and (2), Divorce Act)

Reasons for the relocation (Section 16.92(1)(a), Divorce Act)

Impact of the relocation on the child (Section 16.92(1)(b), Divorce Act)

Amount of time spent with the child (Section 16.92(1)(c), Divorce Act)

Compliance with notice requirements (Section 16.92(1)(d), Divorce Act)

Existence of an order, arbitral award or agreement specifying geographic area (Section 16.92(1)(e), Divorce Act)

Reasonableness of proposal (Section 16.92(1)(f), Divorce Act)

Compliance with obligations (Section 16.92(1)(g), Divorce Act)

 

Other resources

Gordon v. Goertz

Notice of Relocation Form


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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.