Family Law Now After Hours
Hosted this coming week by Family Lawyers Golan Yaron, Stephanie Brooks, Joseph Cugini & Shanza Sohail, and Articling Student, Jodeen Williams.
Want to learn about relocation and mobility issues with children?
We will be live at 5PM on October 1st on Zoom and our YouTube Channel, to provide an introduction on relocation and mobility issues with children. This series is one of our many commitments to providing our community with valuable resources to support them in navigating family law matters.
Relocation and Mobility Issues with Children
1. Legal Framework for Relocation Cases
Relocation cases involve one parent seeking to move with the children to a new location, which can raise complex legal issues governed by family law statutes and precedents.
2. Types of Relocation: Intrajurisdictional vs. Interjurisdictional
Relocation can be either intrajurisdictional (within the same jurisdiction) or interjurisdictional (between different jurisdictions), each presenting unique challenges and considerations for parents and the court.
3. Factors Considered in Relocation Cases
Courts consider various factors when determining whether to grant or deny a parent’s request for relocation, including the best interests of the children, the reason for the move, the existing parenting arrangements, and the relationship between the children and the non-moving parent.
4. Parental Mobility Rights and Responsibilities
Parents have mobility rights to relocate with their children, but these rights are subject to the best interests of the children and the non-moving parent’s rights to maintain a meaningful relationship with the children.
5. Best Interests of the Child Standard
The best interests of the child standard is the paramount consideration in relocation cases, requiring courts to weigh various factors to determine what arrangement will best promote the children’s well-being and welfare.
6. Notifying the Other Parent of Relocation Plans
In most jurisdictions, the relocating parent is required to provide notice to the non-moving parent of their intention to relocate, allowing them an opportunity to object or seek court intervention if necessary.
7. Negotiating Parenting Plans for Relocation
Parents involved in relocation disputes are encouraged to engage in negotiations and mediation to develop parenting plans that accommodate the proposed relocation while addressing the children’s needs and preserving the non-moving parent’s relationship with them.
8. Mediation and Court Intervention in Relocation Disputes
Mediation can be an effective means of resolving relocation disputes outside of court, but if parties cannot reach an agreement, the court may intervene to make a decision based on the evidence and arguments presented.
9. Enforcing or Modifying Existing Custody Orders
Relocation may necessitate modifications to existing parenting orders to accommodate the new circumstances. Courts can enforce or modify orders to reflect changes in the children’s living arrangements and parental responsibilities.
10. Impact of Relocation on Parent-Child Relationships
Relocation can have a significant impact on parent-child relationships, requiring parents to navigate challenges such as long-distance parenting, communication barriers, and adjusting to new routines to maintain meaningful connections with their children.
