Child custody or support is an important part of divorce. However, the complications increase when a parent desires to move away from another parent. This is where the child relocation picture comes into the picture. Numerous couples aren’t aware of the child relocation concept. Jane Mukongolo, a reliable divorce lawyer in Toronto explains the concept subtly here.
What is child relocation?
In simple words, the parent moving with the child is termed as child relocation. Child relocation makes it difficult for the other parent to meet the child.
However, with child relocation, the parent needs to prove that it has been done in the best interest of the child. While the other parent needs to prove that child relocation is not done in the best interest of the child (only if he/she is objecting to the child relocation).
Is relocation good? Sometimes. If it is done in the best interest of the child, child relocation is good. If not, it can work another way around for the child.
How does a court decide if child relocation is the answer?
Next, how does the court decide if child relocation is in the best interest of a child? Check out the answer below.
- Is the reason given by the parent for relocating valid?
- How will the relocation impact the child’s present & future?
- Does the child relocation comply with the rules?
- Will the relocation affect parenting by any means?
- What about the parenting time after relocation?
Can you move out of province?
The answer to this question entirely depends on various factors. If you have legitimate reasons, and if you are able to prove the same in court, you can move out of the province. However, you need to take the permission of the judge for the same.
Remember, if you move out of the province without the court’s order, or if you ignore the court’s order and move out of the province, you will have to face legal consequences. As Jane Mukongolo, a family lawyer in Toronto province, “Staying within the rules is the easiest way to win things”.
What must you do to create a strong case for child relocating?
Firstly, you need to make sure that you prove in the court that child relocating is actually beneficial for the child.
You need to explain the benefits of the child relocation in your case and prove them logically.
Also, you need to plan the parenting schedule and present it before the court to make believe that the child’s routine will be very much on track.
If you are on good terms with your former spouse, you can work together on a parenting schedule. Mutual consent will make it easy for the court to permit the child’s relocation.
Visitation Schedule
What about the visitation rights? The other parent will definitely want to visit the child at regular intervals.
The visitation schedule rules & regulations are sometimes decided by the court, and sometimes by the parents.
An ideal visitation schedule incorporates weekend visits for another parent if they reside nearby. If not, summer & winter vacations come into the picture.
Relocation cases add complexities to the divorce. It has to be in the best interest of the child and within the rules.
As mentioned, if you don’t stay within the rules, you need to stay prepared for the legal consequences.
It’s always recommended to consult a divorce or a family lawyer to ensure that you sail through the child relocation process with ease. Jane Mukongolo, a top-rated divorce lawyer in Toronto can help you out. To reach out to our experienced team, do contact us at (647) 660-9832.
