Having a child custody agreement means that you have to abide by the points laid out in the agreement. This means that you can’t just make decisions for your child if they go against the agreement. One of the major life decisions that you might wonder about is whether you can pick up and move your child or not. The answer is that you can’t just decide to move your child one day and do it the next.
What does Canadian law say about moving a child?
In 1996, a decision was made by the Supreme Court of Canada that laid out a precedent for wanting to move a child. This decision was a landmark decision because, before it, a parent could merely relocate the child at any given point under the presumptive right of the custodial parent. After the decision was made in 1996, the best interest of the child has to be making a move. The court will no longer consider the best interests of the parent.
What can I do if I need to move my child?
In some cases, you can get the child’s other parent to agree to the move. This would allow you to make a move without any worry. If that isn’t possible, you will likely have to head to court. In British Columbia, you have to notify the non-custodial parent of the intended move. The other parent might object to the move, which would mean you go to court for the court to decide if the move is in the child’s best interest.
If you are considering a move or if you want to object to a move, you should make sure that you understand how to take the appropriate action legally. This can make the process a little more comfortable for you.
Source: FindLaw Canada, “Can custodial parents move their children?” Miriam Yosowich, accessed Aug. 18, 2016
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