Child Relocation & Mobility

Family Lawyer Markham

Child Relocation & Mobility Lawyers Markham

In family law, mobility refers to the ability of a parent to move with their minor children whether the other parent agrees or objects to the move. Issues can arise when one parent wants to relocate the children elsewhere in the province, to a different province, or even to a foreign country when it will impede access and visitation by the other parent.

Courts do recognize when a move could be beneficial for the custodial parent, such as a job promotion or starting a new job with a higher salary. However, courts also have to determine whether the move is in the best interest of the minor children and how it will impact their access to their other parent.

The Supreme Court of Canada in Gorden v. Goertz (1996) 2 SCR 27 set forth specific factors family courts must consider in reaching their determination in mobility relocation cases. These factors examine several different aspects of parenting, the impacts the move will have on the minor children, and what effects the move will have on access and visitation schedules.

Courts do look favourably on parents who are willing to work out a new access and visitation schedule. Keep in mind, even when parents are agreeable in reaching a new agreement, the courts still reserve the right to evaluate whether the changes are best for the minor children.

For help with mobility issues and finding out potential options whether you want to move with your minor children or are the opposing parent, please feel free to contact our Markham mobility lawyer today!


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