Any dispute regarding your children can be complex, but the prospect of relocation is particularly emotional. In some cases, the relocation of your former spouse or partner could make it challenging to maintain a relationship with your child.
As a parent, you have the right to pursue or object to relocation requests, depending on the circumstances. A dedicated Ottawa relocation lawyer may be able to help you protect those rights. Before you step into a courtroom, let our experienced parenting time lawyers advise you on your first steps.
Parents with parenting time and decision-making responsibility for a child have certain rights regarding mobility. When one parent seeks to relocate in a manner that will not impact the other parent’s rights, they have the right to do so. Typically, they can move within the same city or geographical area without affecting their co-parent’s rights.
However, circumstances where guardians want to relocate farther away are more complex. When relocation impedes the other parent’s access to the child, court approval is necessary. A skilled Ottawa change of residence lawyer who takes relocation requests, such as Paul Riley, could help.
For the court to approve a relocation request, a material change in circumstances must directly impact the child’s life. To determine if a material change has occurred, courts rely on something known as the threshold test.
There are three elements to the threshold test, and you must meet each to grant your request:
There is one situation where litigating relocation issues in court is unnecessary. If you and the other parent come to an agreement regarding relocation, the court will not prevent you from moving.
Meeting the threshold test is only the first step in securing relocation approval. You may meet all of the criteria of the test only for the court to ultimately determine that relocating is not in the child’s best interest. A knowledgeable relocation lawyer in Ottawa, like Paul Riley, could help make the case that moving is ideal for the child.
Courts commonly use the best interest standard in issues surrounding parental decision-making responsibility, so it should be no surprise that courts also use it in relocation disputes. There are several factors the court considers when deciding what is in the child’s best interest. The process begins with reviewing the current guardianship arrangement for both parents.
There are other factors the judge will also consider. These include how moving will disrupt the child’s life, how it could impact the relationship with the other parent, and even the child’s opinion.
Relocation can be a sensitive topic, but it is an issue that you should always take seriously. These disputes could alter your relationship with your child for years to come, so you must take the appropriate steps to defend your rights.
Now you can have your Consultation with Paul Riley any time from the comfort of your own home. With video calls from Zoom, your Team at The Riley Divorce & Family Law Firm can meet with you virtually, and learn about your case. All you need is a smartphone, tablet, laptop, or desktop with a built-in camera and microphone.
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