Relocation

Moving and relocating following a divorce or separation is not unusual. An increased need for family support, career opportunities and new life partners commonly pull separating parties in new directions.

TO GO OR NOT TO GO – MOVING WITHIN CANADA OR OVERSEAS?

Moving and relocating following a divorce or separation is not unusual. An increased need for family support, career opportunities and new life partners commonly pull separating parties in new directions. Despite this, a parent wishing to relocate with a child, who will then be away from the other parent, is one of the most common areas of law to end up in court. A court may or may not not give permission for the relocation, especially if the effect of the move results in limiting the time the child will spend with the other parent.

Before even contemplating a relocation, we strongly recommend you seek legal assistance, relocation is both an emotionally difficult and legally complex area of law – you don’t want to go through it alone. The stakes are just too high; the consequences of relocating without following the correct legal procedure will negatively impact your legal position and may severely compromise the success of your proposed relocation.

The law doesn’t specifically say when relocation will be allowed or when relocation will be prohibited….

While there are specific legal provisions dealing with the relocation of child, there is no one rule which determines whether a relocation will or will not be permitted by the courts.  The ultimate consideration for the Courts is whether the relocation is in the best interests of your child or children.  In weighing for or against the move, the court will consider a number of factors including:

  • the reasons for the proposed relocation;
  • whether the proposed relocation is likely to enhance the general quality of life of the child and, if applicable, of the relocating guardian, including increasing emotional well-being or financial or educational opportunities;
  • whether notice was given under section 66 [notice of relocation];
  • any restrictions on relocation contained in a written agreement or an order;
  • your child’s health and emotional well-being;
  • your child’s views, unless it would be inappropriate to consider them;
  • the nature and strength of the relationships between your child and significant people in your child’s life;
  •  the history of your child’s care;
  • your child’s need for stability, given your child’s age and stage of development;
  • the ability of each parent to exercise his or her responsibilities;
  •  the impact of any family violence on your child’s safety, security or well-being;
  • the appropriateness and ability of the parents to cooperate

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Nassim is an AMAZING lawyer. She knows the law, she explains everything to you and answers every question you have in detail, and will guide you in the right direction. She will never tell you what to do, but will tell you that “it’s your choice”, while giving you reasonable advice. I had a very difficult, stressful family law case, where I went through a couple of different lawyers. My last lawyer was Nassim, and her and I discussed a plan from day one, which lead our path. She had a sense of humour which made this stressful process much easier.

Nassim’s Client

Laura Allan quickly came up to speed on my file and was able to gather precisely what had gone wrong with our previous lawyer and how to correct the situation. She was realistic, honest and upfront – qualities hard to find in legal representation. She represented facts, but also, for the first time in our year and a half ordeal, our lived experience was represented. Laura made us feel cared for and truly represented in court.

Laura’s Client

Nassim was an excellent Lawyer. She helped us settle and control the hustle environment we were into with ease. The result was greater than we ever had expected to happen in such short time. She is very knowledgeable and informative. Nassim was an absolute pleasure to work with. I would recommend her to anyone looking to for a family lawyer to get the job done.

Nassim’s Client

These last couple of months have been very stressful for me. Laura Allan has been very reassuring and patient. I found myself in the middle of a high conflict custody battle and I felt protected and taken care of the entire process. The emotional support and dedication to my case has been incredible.

Laura’s Client

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