My Ex Spouse Wants to Move Our Kids Out of the Province. What Can I Do?

For divorced couples, time spent with their children can be fleeting, usually following rigid times set by the courts. This can be made substantially worse if the parent with custody elects to move out of the province, either for work or through a desire for a fresh start. If your ex-spouse is planning on moving and taking the kids with them, you may be wondering what you can do about this.

Notice

Generally speaking, if a parent with custody is planning to move, they must give 60 days notice to the courts and the parent without custody. However, if the court deems there to be a risk in informing the other parent, either through violence or attempting flight, or if the other parent has no relationship with the child, they may not have to give the other parent notice. If they do not provide this notice, they could face consequences including fines and jail time.

Once notice has been given, the parent who does not have custody has 30 days to file an objection. In an ideal situation, both parties can make an amicable arrangement regarding the children, in which case there is no need to file an objection. If, however, you do wish to file an objection and try to keep the children in the province, then read on.

Objection

Once you have filed your objection to the move, the courts will have to decide whether or not the move is in the child’s best interest. Unfortunately, trying to decide what is best for the child often results in a no-win situation for the child in question.

The focus is on the best interests of the child, not the interests and rights of the parents. The judge will need to take into account the existing arrangements, the child’s views, any disruption he or she may face after moving from their family, school and community that they are familiar with, and the custodial parent’s reason to move.

Results

Unfortunately, if you do not have full custody, the odds are not in your favour. Judges tend to err on the side of caution and allow the children to remain with the parent who was initially awarded custody. “The ultimate question in every case is this: what is in the best interests of the child in all the circumstances, old as well as new?” If you cannot demonstrate that the move is not in the child’s best interests, we cannot guarantee that you will win your case.

There has been a great deal of litigation on this issue since the Supreme Court of Canada’s decision in Gordon v. Goertz. If you have such a dispute, you will need to consult an experienced family law lawyer.

How Can a Family Lawyer Help Me in a Child Custody Dispute?

When you are fighting for custody of your child, the last thing you need to worry about is complicated paperwork, court motions, and child custody laws. Let us do that; we will take care of your legal complications so that you can concentrate your efforts on maintaining your close relationship with your children.

At Fine & Associates, we have helped countless couples through the divorce process, and strive for the best outcome for children.  Learn more about our child custody services, and fill out the form to request a free consultation.