When spouses with children separate it can be increasingly expensive and difficult to remain in the same city. A parent may want to move with the children somewhere else to be closer to family or pursue a career opportunity.

The process for relocation is different if there is an agreement or order in place that sets out the parenting time and residence for the children.

If there is no agreement or order, the Court will determine whether or not changing the children’s residences is in the child’s best interest. If there is an existing order or agreement, a parent that wishes to relocate must give notice to the other parent and if that parent objects, the court will have to determine whether relocation should be permitted under the Family Law Act or the Divorce Act.

The factors the court considers in determining whether relocation should be permitted depend on whether the parties have equal or unequal parenting time. If both parties share parenting time equally, the parent that wishes to relocate must demonstrate that the desire to move is in good faith, that there are reasonable arrangements in place to preserve the children’s existing relationships with the other parent and that the move is in the children’s best interest. If the parents do not have equal time, the parent who wishes to move must demonstrate the desire to move is in good faith and that there are reasonable arrangements in place to preserve the existing relationship with the other parent. The parent opposing the relocation must then prove the move is not in the children’s best interest.

Relocation proceedings can be extremely difficult for courts to decide and Apna Law’s Vancouver and Burnaby family lawyers can help ensure that your best case is presented to the court.