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By LegalMatters Staff • If a person who has been granted parenting time wants to move a significant distance after a divorce, that may create what is known as mobility issues if there are children involved. That’s because there will have to be changes to the parenting schedule since the children will not be able to go back and forth between the homes as before.
Edmonton family lawyer Sean Schaefer says parents on either side of this issue will benefit from the services of a family lawyer.
“These cases can be complex and are always fact-driven,” says Schaefer.
He explains the Divorce Act has different rules depending on whether the person who has been granted parenting time is moving or relocating. A simple move to an address in the same community should not affect the parenting schedule, Schaefer says. However, the parent who is moving must inform their ex-partner and provide the new address so that the children can be dropped off and picked up as before, he says
“But if someone with parenting responsibilities plans to relocate to a community a significant distance away, they must seek the consent of the other parent or court approval, since the parenting time schedule will no longer work,” Schaefer says.
He notes that the Department of Justice (DoJ) expects parents to work out issues such as relocation by using out-of-court family dispute resolution processes such as negotiation and mediation.
“It is generally better for parents to come up with their own solution, as you know your children best,” the DoJ states. “A judge may also make a decision that one or both of you do not like.”
Schafer advises parents to consider these points when considering a relocation:
- Are there ways to make up some of the parenting time for the non-moving parent, such as extra parenting time in the summer or during school holidays?
- Could the move be postponed until the children are older?
- If there is a new partner involved, could the partner instead move to the child’s current residence?
“It is important to examine each situation and its impact on the child,” he says. “Sometimes even a move of a short distance can be a “relocation” if there will be a considerable impact on the parenting schedule.
