You’re in the midst of a divorce and you’ve decided you want to move away with the children to another city or province. So what now? Well, the answer may not be as simple as packing up your kids and material possessions and making the long or short trek to your destination. In most circumstances when children are involved, you will want to consider making a mobility application, essentially asking the Court to endorse your move with the children.
When dealing with the prospects of moving with your children, there are a lot of serious questions to consider.
- What has changed in the lives of the children?
- Where is the custodial parent relocating to and how much will this move impact the children’s access and relationship with the other parent?
- How old are the children? (when they are younger, their ties tend to be with people and not places)
- How long have the children been in the community and what has been their involvement? (were they born there, did they grow up there, do they have close friends and family there)
- What are the children’s schooling and educational needs? Do the children have learning disabilities? Would a move disrupt and negatively impact their schooling?
- What is the access parent’s involvement in the children’s lives – is it daily, weekly, monthly?
- Are there other relationships to consider? Will the relationships with step or half siblings negatively impact the child?
- What are the custodial parent’s wishes?
These are just some of the many questions that should be considered in any mobility application. In the end, the most important question to ask yourself is, “What is in the best interests of the children in all the circumstances, old as well as new?”
For further information or assistance with the issue of relocating with children or pursuing a mobility application, please contact myself or one of our other knowledgeable lawyers for a consultation.