Long distance move or relocation cases present some of the most complex and emotionally difficult issues for families. In Ontario, recent amendments to the Divorce Act and Children’s Law Reform Act have codified many of the historical common law tests applied by Judges who hear these types of cases. Formal notice requirements have also been imposed on parents who both seek to move and wish to prevent a move from occurring.
Pursuant to Section 16.9(1) of the Divorce Act,
A person who has parenting time or decision-making responsibility in respect of a child of the marriage and who intends to undertake a relocation shall notify any other person who has parenting time, decision-making responsibility or contact under a court order with respect to that child at least 60 days before the expected date of the proposed relocation.
There are prescribed forms and required elements of formal notice of relocation under the act. If an individual has properly provided this notice you may relocate the child as of the date stated in the notice if the person with parenting time or decision-making responsibility who was given notice does not object to the relocation within 30 days after the notice was received or if the relocation is authorized by a competent court of Jurisdiction in Ontario, namely, the Ontario Court of Justice, the Superior Court of Justice or Superior Court (Family Branch)
In the event there is opposition to the proposed move, then the matter will have to be resolved in court with the assistance of a Judge.
Pursuant to section 16.92(1) of the Divorce Act,
In deciding whether to authorize the relocation of a child of the marriage, the court shall determine what is in the best interests of the child by taking into account the existing parenting arrangement and the relationship between the child and any person who has parenting time or contact with the child, as well as a number of additional factors.
It is best to discuss your relocation matter with a lawyer experienced in handling these types of cases. The team at Lakhan Tram LLP has successfully argued relocation cases on motion and at trial. Contact us to discuss more about your planned move, today.
