What criteria are considered in child mobility disputes?

On behalf of Kirk Montoute LLP posted in Family Law on Friday, August 15, 2014.

After a divorce or separation, a parent who has access to his or her child has a right not only to spend time with the child, but also to receive certain information related to the child’s well-being. For example, a parent with access may ask the parent with primary custody to provide information about the child’s health care and education.

A common and potentially contentious issue that can affect a parent’s access — and thus his or her relationship with the child — is relocation. To resolve these matters in a peaceful way that protects the well-being of children, the mediators and family lawyers at Kirk Montoute LLP help parents negotiate child mobility agreements, often outside of court.

While effective, out-of-court solutions can be achieved, the factors that a court would consider may serve as guidelines for changing a custody and access arrangement. For example, would the change disrupt the child’s life with regard to school and other family members? If the child is old enough to have an opinion about the proposed move, then what are the child’s thoughts?

Each parent’s relationship with the child may also be considered, along with whether or not spending the maximum amount of time with each parent is in the child’s best interests. Also, it is important to consider whether relocation would negatively affect the primary parent’s ability to care for the child.

Questions of relocation and child mobility often lead to heightened emotions. The related legal matters are also complex. Parents in Calgary with concerns about relocation are encouraged to visit our family law website to learn more.

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