move away with the child after divorce: mother and daughters surrounded by moving boxes

What Happens When a Parent Wants to Move Away With The Child After Divorce?

move away with the child after divorce: mother and daughters surrounded by moving boxes

 

Sharing custody of a child can be a difficult endeavor, even in the best of circumstances. However, things get more complicated when one parent wants to move somewhere far away from the family’s current area. Such a move can mean personal and financial growth for the moving parent, but it can cause issues with the other parent and the child custody agreement.

When a Parent Wants to Move Away With The Child After Divorce

Moving far enough away to create issues with the child custody arrangement is considered a “material change in circumstances.” This term means that the parents must either come to an agreement about the new situation or revisit the custody agreement in court. Either way, parents on either side of the equation can feel uncertain and nervous. That’s why it’s essential to understand how Canadian law addresses these issues.

Do I Get Custody Access if the Other Parent Moves?

When a parent wishes to move away with the child, it does not immediately or automatically change the custody agreement. Instead, parents must follow what their agreements say about material changes in circumstances. In most cases, parents have to either come to a new agreement together or go to the courts to settle the issue. This can play out in many ways, depending on the facts of the case.

If the primary caregiver tries to move away with the child, there are three possible outcomes:

  1. The judge and/or other parent allows both the child and parent to move
  2. A judge determines that the child must stay in the local area, but the parent moves anyway without the child
  3. A judge rules that the child must stay local, so neither parent moves

In the first scenario, the parent and child move, but the judge makes a new custody agreement for the parents. The other parent may get to see the child often but for longer stretches of time. For example, a father may go from seeing the child every-other-weekend to having custody over long school breaks and a few weeks in the summer.

The second scenario may cause the biggest change in custody. If a judge determines that it is not in the best interest of the child to move, but the parent wishes to leave anyway, the other parent may get primary custody. For example, if a mother has custody and wants to leave the state, but the father takes the case to court. If the court rules that the child must stay nearby and the mother decides to leave anyway, the father will get primary custody. The mother may then see the child during long school breaks.

Of course, many parents would rather stay in place than move away without their children. If a judge rules that the child must stay, then both parents can decide to stay as well. In this case, the custody agreement would likely remain similar to what it was before anyone considered moving.

How to Modify Custody Access Location

If you want to move away and take your child with you, you must first notify the other parent in writing. If the other parent agrees, you can modify the custody access location and move without issue. However, the other parent is likely to try to stop the move from happening. In this case, you will need to take the case in front of a judge, preferably with the help of an Ontario child custody lawyer.

Both parties in these cases have to prove why they have the best interest of the child in mind. If you are the person trying to move, you need to show the court all of the following:

  • The move is well-planned with the child’s well-being in mind
  • You are not moving simply to get the other parent away from the child
  • If the child is old enough to have an opinion, he or she wants to move or is not actively against it
  • The child can remain close to both parents
  • The child will be safe and cared for in the new location

If you can prove all of these things, the judge will consider allowing the child to move. However, the other parent will try to prove the exact opposite. For example, the other parent may talk about the loss of connection to the community, the high crime rates in the new location, or the lack of support the family will have in the new location.

If you are allowed to move, it’s important to remember that you will still have to make the children available for visits according to the new custody order. Depending on the judge’s ruling, you may be responsible for some of the costs of children traveling to see the other parent.

Hire a Child Custody Lawyer

Relocation cases like this can be complicated and difficult with incredibly high stakes. The outcome of these cases can change a family forever in many ways. That’s why it’s essential to have experienced, knowledgable lawyers on your side.  By hiring a child custody lawyer, you may benefit from their knowledge and they can thoroughly walk you through the difficult process of child custody and relocation.

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