As great as the Okanagan is, there may be circumstances where a parent is tempted to move to a new location.
At first, the idea of increased distance between former spouses may seem like a good idea.
However, once parents consider how such a move would affect (a) their children (are they staying or going?), and (b) the parenting time of the non-moving parent (how often will there be access and how will travel expenses be apportioned), the proposed move may seem less attractive.
The old adage of "it is easier to ask for forgiveness than permission" does not necessarily apply - especially if there is an agreement or court order which may be violated by a sudden, and not agreed upon, move.
Before making relocation plans, a parent should consider the following:
1. If the move is opposed and the parties have to resort to court to resolve the issue, the judge would have to determine what is in the children's best interests. The party seeking to move would usually be required to show that the proposed relocation is in the children's best interest. Unfortunately, a millionaire fiancee who could provide for you and the kids won't guarantee anything.
2. Even if the children have been primarily residing with the parent seeking to relocate, in the eyes of the court, it is not assumed that the children should automatically accompany the relocating parent.
3. Each case is different and turns on its unique set of facts, meaning, just because your friend was able to relocate without difficulty, that does not mean the same applies to you.
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Compiled by Sean Pihl and the legal staff of Pihl Law Corporation. Visit pihl.ca for more on these legal subjects and others. Email: