Our MacLean law lawyers handle numerous BC Family Law Act Child Mobility, Move Away and Relocation cases each year. Our new Family Law Act tries to establish a principled approach to dealing with BC Family Law Act Child Mobility, Move Away and Relocation and these rules have been held to differ from our rules for relocation under our Divorce Act. The area is complex and missteps await the unwary. Call one of our experienced BC Family Law Act Child Mobility, Move Away and Relocation lawyers to get a sound strategy to ensure your child’s best interests are protected.
Moving Away Is Often For Parent’s Reasons Not Child’s
When two separated BC parents live close together their child has the benefit of seeing both parents- often up to equal time. But what happens when because of:
- the need for a new job in a new location;
- a career promotion again to a new location;
- a move to be with a new spouse or for that new spouse’s job;
- a move back to where the parent’s extended family is for support;
- a move back to their country of origin;
- someone wants to move out of spite to put distance between themselves, their child and the spouse they intensely dislike;
one parent wants to move away with the child or children? What happens if one parent wants to move away while leaving the child behind?
MacLean Law Explains BC Family Law Act Child Mobility, Move Away and Relocation Options
Options include, allowing the move, disallowing the move, allowing the parent to move without the child or having both parents and the child move to the new location.
In cases where the move is allowed with the child and the other parent stays behind, the child is in a classic “no win” situation as their time with one of their parents will be seriously curtailed given the distance. Psychologists debate whether relocation is the single most destructive developmental scenario for a child and what ages for children are best if a move is to be allowed so they suffer the least damage.
The default rule in BC under our new Family Law Act is that a parent, who wants to move away in a child parenting arrangement context, must give 60 days written notice to the other guardians and to people who have contact with the children under an agreement or court order.
This “ moving away” child mobility or relocation notice needs to be given whether you plan to move with the child or not. A court can make an exception to the relocation notice if there is a risk of harm or no contact by the other parent with the child.
If the other guardian opposes the move, they can file an objection notice in court but as of now a person with mere “contact” cannot.
When deciding whether to allow the move, a judge will consider:
- Whether the new plan is so beneficial that it outweighs the disruption to the child and the disruption of the bond with the other parent;
- whether the move is made in “good faith”;
- whether the replacement parenting time plan that will preserve the relationship between the child and the other guardian.
Best Interest Test Is Sole Test To Decide A BC Family Law Act Child Mobility, Move Away and Relocation Case
In short, taking all factors into account for the child psychologically, financially and developmentally is the move in the child’s best interests?
A thorny issue remains as to whether a person who has contact only and who is thus not a presumptive guardian can even oppose the move. Our lawyers believe this difference between parents involved in a long term relationship versus those who were less involved either by choice or because of a controlling spouse will not likely survive a Charter of Rights challenge.
In short BC Child Mobility, Move Away and Relocation under BC Family Law Act are the toughest cases families, their lawyers, court appointed experts and judges face.
Call our experienced BC Family Law Act Child Mobility, Move Away and Relocation lawyers immediately if you have problems in this area toll free across BC at 1 877 602 9900. We have family law offices in Vancouver, Calgary, Surrey, Richmond, Kelowna, Victoria, Toronto and Fort St John.
