Hi, and welcome to Hart Legal Talks. My name is Nick Jacob, and I’m going to be speaking with you today about parental relocation under the new Family Law Act. Relocation under the Family Law Act becomes an issue when the move of the parent or guardian will have a significant impact on the relationships with significant people in the child’s life. So for example, a move across town will likely not meet these criteria.
Relocation is becoming more of an issue across Canada, where people have to move large distances to attend school, have new employment, or be close to other family. The new Family Law Act provides the relocating parent or guardian must give 60 days notice to all interested parties. Court becomes necessary in relocation cases where a party who is notified of the move applies to court to prohibit that move. When the matter goes in front of the judge, the judge will use several criteria in determining whether he/she should permit the move. Those criteria are:
- whether the move is in good faith;
- whether there are reasonable and workable arrangements with the other significant people in the child’s life; and
- whether the move is in the child’s best interests.
The nature and scope of these tasks is dependent on the particular facts of each case. If you need assistance with a relocation case, or with any other family matter, please feel free to call me in for a free initial consultation.
Thank you for joining me today, and again, its Nick Jacob at Hart Legal.