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Burlington Family Lawyers

Our Burlington Family Lawyers are available to help you with your legal issue today! Call 1 844-618-8080 (toll free) or text 778-676-3808 to book your free 30 minute consultation with our Burlington Family Lawyers.

Burlington Family Lawyers

We also practice in personal injury, business law, and real estate law.

Our office is located at 562 Maple Ave #300, Burlington, ON L7S 1M6

Our Burlington family lawyers can also meet you at any of the following four additional offices:

  • Vaughan
  • Collingwood
  • Downtown Toronto
  • Newmarket

How does moving affect your divorce?

In today’s world, moving is an increasingly common occurrence for a variety of reasons, including job opportunities, cost of living, extended family support networks, and fresh starts. However, if you have children with an ex-partner, a move has the potential to throw even the most established parenting and custody arrangements into upheaval, especially if the move is to another province or country.

Further, the law in these situations is highly fact-dependant and considers a broad scope of factors. If a move for you or your ex-partner is inevitable, what are your options when it comes to dealing with your child(ren)?

Call 1 844-618-8080 (toll free) or text 778-676-3808 to book your free 30 minute consultation with our Burlington Family Lawyers.

If you have been the primary custodial parent and you are thinking a move won’t affect the current parenting arrangements in place, you may be wrong. A move is a change in circumstances that significantly impacts the contact a child will have with the parent who does not provide the child’s primary residence after the move.

Burlington Family Lawyers

When one parent is planning to relocate, notwithstanding the new Family Law Act (in BC) presumes the existing primary residency may be maintained, this is a rebuttable presumption thus parenting arrangements can become open to review and reconsideration.

Call 1 844-618-8080 (toll free) or text 778-676-3808 to book your free 30 minute consultation with our Burlington Family Lawyers.

Further, the Supreme Court of Canada has stated that when a relocation of a parent occurs a fully rounded analysis is required and the “status quo” is not to be preferred.

Sharing Parenting Time

If you have been sharing parenting time, the best arrangements for your child when one parent is planning a move may be even more difficult to determine as it is a real change to the status quo and the analysis can become more complicated.

Thus, regardless of the current parenting arrangements, if you or your ex-partner is planning to move, it is important that you plan to engage each other and consider what a move means from the perspective of your child.

However, this does not mean that your child should make the decision about where he or she wishes to reside if a parent moves. The fundamental principle in determining custody and access when a parent “relocates” is the best interests of the child.

Call 1 844-618-8080 (toll free) or text 778-676-3808 to book your free 30 minute consultation with our Burlington Family Lawyers.

The views of your child is a significant factor, but the amount of weight given to your child’s views is contextual and will also depend on his or her age.

Burlington Family Lawyers

Additional factors included in the legal analysis include: existing and past agreements and orders regarding parenting arrangements; desirability to maximize contact and not disrupt your child’s relationships.

These include relationships with extended family and other social support; educational and psychological factors; security of employment and other parental circumstances. The reasons a parent is moving and all additional factors involved in the usual test for the best interests of the child also needs to be included.

Burlington Family Lawyers

Due to the breadth of the legal factors that must be considered to resolve these cases, when parents cannot agree, they can take time to resolve as they have the potential to become highly contentious and expert opinion evidence is required. However, engaging a lawyer early on can help to minimize the conflict and speed up the agreement process.

For instance, a client recently told me that he was amazed at how engaging a lawyer and allowing legal professionals identify the broader issues and separate the emotion helped him and his child’s mother consider the issues around the move in a reasonable way. Within less than two months, we negotiated an arrangement in that case that left both parents happy.

Call 1 844-618-8080 (toll free) or text 778-676-3808 to book your free 30 minute consultation with our Burlington Family Lawyers.

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