The law mandates that it is in the best interest of the child to have maximum contact with each of the parents. If a parent wishes to relocate to another city, province or country with the child the parties must either agree on a reasonable access schedule to accommodate the relocation or seek the assistance of the Courts in determining whether a relocation should be permitted.
In assessing the best interests of the child, the Courts consider, among other things:
- The existing custody arrangement and relationship between the child and the custodial parent;
- The existing access arrangement and the relationship between the child and the access parent;
- The desirability of maximizing contact between the child and both parents;
- The views of the child;
- The custodial parent’s reason for moving, only in the exceptional case where it is relevant to that parent’s ability to meet the needs of the child;
- Disruption to the child of a change in custody; and
- Disruption to the child consequent on removal from family, schools, and the community he or she has come to know.
Our legal team has extensive experience is negotiating and securing mobility for our clients and in opposing such mobility applications. Contact us before this issue arises so that we may evaluate your individual case and set you up for a greater chance of success.