Vaughan Divorce & Separation Lawyers for Mobility & Relocation Matters
Mobility can become a significant issue in post-separation or divorce parenting arrangements. Mobility refers to a parent’s ability to move their children to a new location, whether it’s to a new home in the same town, or to a new province or country. Mobility disputes are often fraught with emotion because a request to relocate can significantly impact the other parent’s ability to see their children often on a regular schedule. Further, there are specific notice requirements in place when it comes to parental relocation, which create a strong sense of urgency to the proceedings.
At Bortolussi Family Law, we often represent parents on both sides of these issues. We understand how the issue of relocation can be exceptionally difficult for each parent. Often, the parent seeking a mobility order is doing so for financial or employment reasons, in order to better provide for themselves and their child. However, a parent who opposes a mobility request, particularly one that will take their child far away, is simply doing what they can to preserve their relationship with their child.
Our lawyers bring empathy and compassion to a mobility dispute when it comes to dealing with our clients. In court, we will cut through the emotion of the matter to focus on the task at hand, which is to secure our client’s desired outcome and the best interests of the child(ren).
Demonstrating the Need to Relocate
As with parenting time and decision-making arrangements, mobility is decided based on the child’s best interests. If a dispute arises between the parents with respect to the ability of one parent to relocate with their child, the onus to demonstrate the child’s best interests will depend upon existing parenting decision-making ability and parenting time.
A court will consider a number of factors that affect the child’s best interests, including:
- The reasons for the move;
- The specifics around the move, including the distance from the other parent and potentially other family members;
- The potential impact of relocation on the child, including their relationship with the other parent;
- Any existing court order or parenting arrangement with respect to the child’s care;
- Any past or present concerns regarding family violence; and
- Any other factor which may impact the child as a result of moving or staying in place.
Notice Requirements and Formalities for Parental Mobility
A parent looking to move with their child, whether long-distance or locally, must provide notice to the other parent in writing at least 60 days prior to moving. The notice must include details such as the proposed moving date, the new address, and a proposal for a new parenting plan, if necessary.
The rules for notice are different if the move is just a change of residence, which is a move that is not expected to have a major impact on the children’s relationships, or a relocation. If the move is a relocation, the other parent then has 30 days to object in writing or to bring an application to dispute the request in court. If that parent fails to file an objection in that time, the first parent will be permitted to proceed with their relocation plans as set out in the original notice.
For this reason, if you are looking to object to a mobility notice, you must do so quickly and in the proper form. At Bortolussi Family Law, our family lawyers will draft and file the objection on your behalf, ensuring your reasons are based in reason and law, enabling us to expand on and defend the objection effectively in court.
Contact the Mobility & Relocation Lawyers at Bortolussi Family Law in Woodbridge
Mobility and relocation can be extremely emotional and complex issues for any family to navigate. Whether you are looking to move, or object to a co-parent’s proposed move, the family lawyers at Bortolussi Family Law will provide clarity and experience when advocating for your position. We have been representing clients in mobility disputes at all levels of court since 1984. From our office in Vaughan, we represent clients from across the Greater Toronto Area, extending out to Mississauga, Brampton, Caledon, Whitchurch-Stouffville, Woodbridge, Maple, Kleinburg, Caledon, Concord, Vaughan, Bolton, Nobleton, Markham, and Etobicoke and all areas in between. To discuss your circumstances and learn about the options available to you, please reach out to us online or by phone at 416-987-3300.