We understand Calgary family law clients want to know the best winning Calgary Family Lawyer strategies to help them win their Calgary family law case. In today’s blog, senior Calgary family lawyer Peter Graburn provides an easy to understand explanation of how child mobility, child move away and child relocation cases work. Peter is a key part of our 4 time Top Choice Award Winning Family Law Team.
Best Winning Calgary Family Lawyer Strategies 403-444-5503
You can get some of the best winning Calgary Family Lawyer strategies by meeting immediately with Peter Graburn at our Bankers Hall office in downtown Calgary. MacLean Law has 6 offices across BC and in Calgary Alberta.
Mobility – ”Are we there yet?” !
One of the most difficult decisions (and Court applications) a custodial parent can make is the decision to move a child from their current home to a new home sometimes far away – what is known in family law as a “mobility” case. While there may be many good reasons for wanting to move with a child (work, school, new relationships, etc.), mobility applications can be highly contentious and complicated if the other parent does not agree with the move.
Best Winning Calgary Family Lawyer Strategies Child Relocation Principles
Peter Graburn explains the principles, factors and specific information to provide you with some of the best winning Calgary Family Lawyer strategies for a child mobility case.
The over-arching principle in family law regarding children, no matter what the issue, is to determine what is in the “best interests of the child”. In the leading case of Gordon v. Goertz, the Supreme Court of Canada held that the test to proving what is in the best interests of the child in a mobility situation includes the following principles:
● upholding agreements and court Orders in respect of the new circumstances requiring a move;
● supporting the existing arrangements and relationships between the child and the parents;
● maximizing contact between the child and both parents;
● recognizing the views of the child;
● considering the custodial parent’s reason(s) for moving;
● minimizing disruptions to the child’s family, school, religious and community routine.
Best Winning Calgary Family Lawyer Strategies Factors
While the principles set out by the Supreme Court of Canada in Gordon v. Goertz are (and were intended only to be) a good general direction to look at in determining what is in the best interests of the child in considering a major change in residence, fortunately other Courts have given some additional specific examples of things that should be looked at in making this decision. For example, the Saskatchewan Court of Queen’s Bench in the case of Chepil v. Chepil lists some 23 specific factors that should be considered when dealing with mobility matters, including the:
● age, maturity and special needs of the child;
● possibility of either parent (or new partners) relocating to the new or old home;
● time and cost for the child to travel between the parents’ homes;
● willingness and ability of each parent to maximize contact with the child;
● financial resources of each of the family units;
● expected permanence of the move;
● parenting abilities of each parents and new partners;
● extended family of each parent;
● ultimately, the best interests of the child (not the interests of the parents).
Best Winning Calgary Family Lawyer Strategies Have A Plan To Show It Best Suits Your Child
Aside from the general principles and specific factors set out by the Courts, what specific information should someone considering a relocation with their child be collecting? On a mobility application, Courts will be looking for as much specific and current information as possible on the following:
● Employment opportunities/income;
● Quality of schools and health-care facilities;
● Community facilities and resources;
● Support systems & extended family;
● Relative costs of living;
● Cultural environments;
● Local economies;
● Wishes of the child.
Best winning Calgary Family Lawyer strategies focus on the child. It should by now be clear the question on a mobility application is not what is best for the moving (or remaining) parent, but what is best for the child(ren) who would be moving as well.
Mobility applications can be very difficult, expensive and time-consuming, particularly because of the many principles, factors and specific facts a Court will look at to determine what is in the child’s best interest in either granting or refusing the move for the child.
Our top rated Calgary Mobility Lawyers assist their clients develop a reasonable and practical custody and parenting plan that can be implemented either through negotiations with the other parent or, if necessary, by bringing a mobility application in Court.