Can I Move Out of Province with My Kids After a Divorce?
One parent moving away, especially out of Ontario, can cause problems to your current custody agreement. As a family lawyer in Etobicoke, I can confirm the parenting rights of the other parent doesn’t change after the move. However, a relocation means your current parenting time schedule won’t work and the Supreme Court of Canada has to intervene. The court’s main concern is to ensure you choose a parenting plan that benefits your kids.
When do I need to inform the court about my relocation?
If you’re planning to relocate out of Ontario, as the parent moving, you must:
1. give a notice minimum 60 days before the move
2. provide specific details about the move. The Notice of Relocation form lists all the information you must include in your notice. It asks information about:
- when the move will take place
- your new address
- your contact information
- how you think the parenting and any contact schedule could be changed to help support the child’s relationships with the people receiving notice, if the relocation takes place
How does the Supreme Court of Canada decide to approve the relocation notice?
As a divorce lawyer in Etobicoke, I’ve helped clients plan their move and get approval from the court. There are a number of factors that helps the court decide including:
1. Your current parenting agreement and relationship with your child
2. Current parenting agreement and relationship between your child and the other parent
3. Whether you desire to maximise contact between the child and both parents
4. Depending on the age of the child, whether they favour the relocation or not
5. Whether the reason to move out of province is to limit the child’s relationship with the other parent or not. Other reasons to move are irrelevant
6. Disruption to the child of a change in custody;
7. Disruption to the child consequent on removal from family, schools, and community
8. Custodial parent’s views, but views are not determinative
What happens after I have submitted the Notice of Relocation?
You can only move out of Ontario with your child, only if:
1. The other parent with responsibilities receives your relocation notice and doesn’t object the move within 30 days of receiving the notice
2. You don’t receive a court order restricting your move
What happens when you don’t agree with the relocation plan?
If things don’t go your way, you have 30 days after receiving the notice of rejection. You have two ways to object:
1. Give specific details by giving a notice of objection why you don’t agree with the relocation plan
2. Apply for the court of stop the relocation
Now the relocation can’t take place until the judge has decided what’s in your child’s best interests.
Deciding on parenting time
As a parent who wants to relocate, you need to prove it’s in your child’s best interests. If you had previously agreed on equal parenting time, both parents need to come up with a game. At Noori Law, we’re here to help you navigate the agreement terms to ensure the relocation is smooth and not stressful for all parties involved.
