Child relocation move away Lawyers deal with cases where separated parents of a child cannot agree where a child will live. In today’s modern economy people often wish to move out of a town where the separated parents used to live as a couple. Sometimes they want to move for education, or for a new job and often because of a new relationship. Our highly rated Child Relocation Move Away Lawyers know these cases are difficult and complex and often a no-win situation for a child who will often lose frequent contact with one of their parents. In today’s blog Fraser MacLean, you will learn about new rules under BC and Canadian child mobility and child relocation laws. Our top-rated* family lawyers have 6 offices across BC and in Calgary Alberta and we can be reached toll-free at 1 877 602 9900.
Child Relocation Move Away Lawyers 1 877 602 9900
Child Relocation Move Away Lawyers explain there is a difference between the New Divorce Act, the old Divorce Act and BC Family Law Act on the topic of Relocation and mobility rights
Bill C-78 is the first amendment to the federal Divorce Act, which governs married and divorced couples, in nearly 30 years. Although not in effect quite yet, there will be extensive additions regarding relocation and mobility rights. Clause 11 of the new law will add sections 16.8 through 16.96 to the Divorce Act, which will outline the procedure for individuals who intend to relocate with a “child of the marriage”. Before the proposed amendment, the federal law was silent and of no assistance in setting out rules and process for relocating parents. Our experienced Child Relocation Move Away Lawyers expect the new Act to be in force in the next year or so.
In 1996, approximately 23 years ago, the Supreme Court of Canada issued their judgment on relocation of the parent and “child of the marriage” in the leading case of Gordon v Goertz. Divorce Act child relocation decisions in Canada are now governed by the 1996 Supreme Court of Canada decision in Gordon v. Goertz, a decision that requires judges to make individualized determinations of a child’s best interests, without any presumption in favour of either parent. Quite ambiguously, the Court held that, in deciding whether to allow mobility/relocation applications, the courts must look to, among other factors, the “best interests of the children” and the “particular circumstances of the case”. For decades, family law lawyers and courts grappled with how to apply the legal test set out in Gordon v Goertz. The proposed amendments should bring clarity to the federal laws on relocation and bring it up to par with corresponding provincial legislation. Although the courts cannot prevent a separated parent from relocating, they can, however, prevent that parent from relocating with their child.
BC Parenting Time Child Mobility Rules 1 877 602 9900
In British Columbia, sections 65 through 71 of the Family Law Act governs both married and common-law couples when it comes to relocating a child.
Generally, before a parent relocates with the child, he/she is required by law to give a 60-day written notice to the other parent or any person who has contact with the child. The non-relocating then has a right to legally object to the relocation. There is currently no similar provision in the Divorce Act. However, similarly to the Family Law Act, section 16.9 of the new Divorce Act imposes a 60-day written notice to the other parent before relocating.
Under British Columbia law, if a child’s guardian gives proper written notice, the non-relocating guardian has 30 days to apply to prohibit the move. Again, the current Divorce Act is silent on the non-relocating parent objecting to the move. Section 16.91(b)(i) of the new Divorce Act allows the non-relocating guardian 30 days to object to the relocation after receiving proper notice.
On top of the “best interests of the child”, the government of British Columbia imposes additional burdens for relocating parents to meet. For example, if the two parents do not share equal parenting time before the relocation, the relocating parent must convince the court that their relocation is in good-faith and propose a reasonable and workable parenting arrangement with the non-relocating parent. The new Divorce Act introduces terms such as “substantially equal parenting time” and the “vast majority of the time”. Unfortunately, none of these terms are defined in the new Divorce Act. There is no precise calculation for determining what constitutes “substantially equal” or “vast majority” of the time.
Hire Top Rated* Child Relocation Move Away Lawyers 1 877 602 9900
Even with the newly proposed changes to the federal family law, there is a need for skillful and talented lawyers to traverse the complicated cases of child relocation. Call one of our many offices for an initial consultation. We have a wealth of experience in dealing with complex and fact-specific mobility/relocation family matters.
