When you have a child with someone else and you aren’t a couple, you have to deal with a variety of child custody issues. One of these issues has to do with moving away. If you are the custodial parent of the child, you have some specific responsibilities that must be met prior to the move.
Do I have to let my child’s other parent know about the move?
You have to inform the other parent about the move if you have a written court order regarding the child. This notice must be given at least 60 days prior to the move. It should include information about where you are planning to move.
Can the other parent block the move?
It is possible for the other parent to block the move if the court agrees with the other parent that the move isn’t in the child’s best interests. Once you give notice of the move to the other parent, that person has 30 days to file an objection to the move. If that filing doesn’t occur, you and the child can move. If an objection is filed, the court will step in to decide how to handle the situation.
Are there any exceptions to the requirement to give notice?
If the child’s other parent doesn’t have a relationship with the child, you can ask the court to excuse you from giving notice. The same is true if giving notice would put you or your child at risk of family violence.
A lot of factors go into whether a move is suitable or not. Generally, the parent who isn’t moving would have to show why the move isn’t suitable for the child. If you are considering a move, learning how the court might react might help you plan your steps.
Source: Family Law in British Columbia, “Can you move — With or without your child?,” accessed Sep. 06, 2015
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