Consideration in relocating children
IF THERE IS NOT A SUBSTANTIALLY EQUAL PARENTING TIME ARRANGEMENT
Where an application is made to prohibit the relocation, and the guardian objecting to the relocation does not have substantially equal parenting time with the child, the relocating parent bears the onus of demonstrating to the court that:
· the proposed relocation is made in good faith, and
· the relocating guardian has proposed reasonable and workable arrangements to preserve the relationship between the child and the child’s other guardians, persons who are entitled to contact with the child, and other persons who have a significant role in the child’s life, and
· and the relocation must be considered to be in the best interests of the child unless another guardian satisfies the court otherwise which include the following considerations:
o the child’s health and emotional well-being,
o the child’s views, unless it would be inappropriate to consider them,
o the nature and strength of the relationships between the child and significant persons in the child’s life,
o the history of the child’s care,
o the child’s need for stability, given the child’s age and stage of development,
o the ability of each person who is a guardian or seeks guardianship of the child, or who has or seeks parental responsibilities, parenting time or contact with the child, to exercise his or her responsibilities,
o the impact of any family violence on the child’s safety, security or well-being, whether the family violence is directed toward the child or another family member,
o whether the actions of the person responsible for the family violence indicate that the person may be impaired in his or her ability to care for the child and meet the child’s needs,
o any civil or criminal proceeding relevant to the child’s safety, security or well-being.
IF THERE IS A SUBSTANTIALLY EQUAL PARENTING TIME ARRANGEMENT
If the relocating parent and another guardian have substantially equal parenting time with the child, the relocating guardian must satisfy the court of:
· the proposed relocation is made in good faith,
· the relocating guardian has proposed reasonable and workable arrangements to preserve the relationship between the child and the child’s other guardians, persons who are entitled to contact with the child, and other persons who have a significant role in the child’s life, and
· that the relocation is in the best interests of the child.
In determining “good faith”, the court must consider all relevant factors, including the following:
· the reasons for the proposed relocation,
· whether the proposed relocation is likely to enhance the general quality of life of the child and, if applicable, of the relocating guardian, including increasing emotional well-being or financial or educational opportunities,
· whether notice was given under section 66, and
· any restrictions on relocation contained in a written agreement or an order
The court cannot consider whether a guardian will relocate if the relocation is not permitted.
The above is general information only. Do not rely on it in regards to your matter. Obtain legal advice by contacting Shawn Bobb at [email protected] or 604.635.1333
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