In British Columbia, circumstances occasionally change following a couple receiving a court order governing the visitation rights of a noncustodial parent. When the circumstantial change involves the residential custodian’s need to move far away, the law mandates that the other parent be notified unless an exception applies to the requirement.

The parent who wishes to relocate must provide notice in writing to the other parent at least 60 days in advance of the planned move. The notice must include the proposed place and the date of the proposed move. In the event that providing notice would endanger the applicant through domestic violence, he or she may apply to the court for an exemption to the notice requirement. An exemption to notice may also be obtained by application if the other parent has been absent and has had no ongoing relationship with the child.

After receiving written notice, the other parent may file an objection to the proposed move. If he or she does not file an objection, the custodial parent may move with the child as planned. If an objection to the move is filed, both parents may present evidence to the court concerning the proposed move and the child’s best interests. The court will then rule whether or not the proposed move will be allowed.

As relocating with a child will most likely have a significant impact on the other parent’s parenting time, the court, when granting the child’s residential custodian permission to move with the child, will often issue concomitant orders modifying the parenting time orders to provide for continued contact after the move has occurred. It is possible to negotiate an agreement regarding a proposed relocation and parenting time changes with the other parent in some cases. A lawyer who practices family law may be able to help.

Source: Queen’s Printer, BC, “Division 6 — Relocation“, December 30, 2014

Laughlin & Company Lawyers Mediators
2755 Lougheed Hwy #710, Port Coquitlam, BC V3B 5Y9
(604) 945-4370

British Columbia residents may be interested in some of the considerations that courts make when deciding whether one parent can relocate with a child, away from the other parent. Competing judicial interests make these relocation decisions difficult to predict.

When parents divorce, there are often issues with both parents trying to maintain a relationship with children after the split. If the child lives with one parent, visitation rights are important in keeping that close parenting relationship with the non-custodial parent. However, if the custodial parent wishes to relocate, this can require the approval of the courts. Though courts attempt to decide these issues based on what is in the best interests of the child, sometimes predicting the outcome can be difficult.

This is because there are so many variables when it comes to relocation decision making. Judges and jurisdictions each have their own views on how to resolve relocation issues, and the particular facts of each case can be a decisive factor. One seminal Supreme Court decision, however, holds some guidance. The court used seven factors in deciding a relocation case. Some of these factors include the existing custody and access agreement between the parents and child, the child’s views on the relocation and the importance of keeping the child together with the non-custodial parent. The judicial system must balance somewhere between the need for a child to keep a relationship with both parents and the ability for one parent to move freely to seek a better life.

Understanding the law regarding living arrangements and other child custody issues can be difficult without the help of a family lawyer. The lawyer may be able to counsel a parent on the best course of action with regard to relocation, visitation rights and parenting time.

Source: The Canadian Bar Association, “Breaking away”, Pablo Fuchs, December 16, 2014

Laughlin & Company Lawyers Mediators
2755 Lougheed Hwy #710, Port Coquitlam, BC V3B 5Y9
(604) 945-4370