Child Relocation & Mobility Lawyers Scarborough
There can be specific reasons and situations that arise after a divorce involving minor children where one parent has a desire to relocate the children and move. Sometimes this can place added stress on the non-custodial parent because they will be further away from their children.
While this can be a very unpredictable area of family law, courts do recognize the benefits of child relocation and mobility issues when they are sufficiently balanced with the access and visitation needs of the non-custodial parent.
In Ontario, Family Courts rely upon the Supreme Court of Canada’s decision in the case of Gordon v. Goertz (1996) 2 SCR 27. The Supreme Court established several factors to be weighed when one parent requests child relocation and other parent objects.
It is important to review these factors with our child relocation and mobility lawyer in Scarborough to determine if you can satisfy each one and what you can do when you do not. In some cases, a change of custody can be recommended so that the parent, who wants to move, can do so without altering the children’s schedules or causing major changes if the Court feels this in the children’s best interests.
In other cases, when the courts are involved and both parents are now agreeable about relocating the children and are willing to negotiate a new access and visitation schedule, the Court may choose to review these and also evaluate if this is what is in the children’s best interest.
Ultimately, whether a parent can relocate with their children is based on the Judge’s discretion and the facts of the case. To learn more about child relocation and mobility and what you can do to move with your children or oppose the other party from moving, please contact our law firm to schedule an appointment with our Scarborough child relocation and mobility lawyer today!