Moving With Kids After Divorce in Alberta
After your divorce has been finalized, it is completely understandable that you might want to pack up, move, and start a new life somewhere new. The ability to move with children is called child mobility. This becomes much more complicated to do if you and your ex-spouse, or partner, have children together. Before you find yourself in a major child custody battle, contact a Calgary, Alberta family lawyer, and understand the legal ramifications of your relocation. Child mobility is something the courts take very seriously. Get the mobility rights legal help you need with Kahane Law Office 403-225-8810.
Involve the Other Parent in the Conversation about Moving
The first step when you are considering moving with your kids after a divorce should be to try to talk about the move with the other parent. These moves become a problem when the other parent feels as if you are taking the children from them, and that they are not going to be able to contact or see their kids. You can potentially help them to feel less threatened if you involve them in the process.
This means that you can negotiate and create a new child custody arrangement to incorporate your move. With child mobility, you should create plans that you both agree upon regarding when the children will see each parent, and who will cover the associated travel costs. If the Alberta Courts already provided you with an order regarding parenting, you can request a consent variation order that will reflect the agreed upon changes. Having the agreement be legally binding can make each spouse feel more comfortable with the move.
What if You Are the Sole Guardian of the Children?
If you are the sole guardian of the children, or if you have a court order that states that you have permission to move with your child, you may be able to move without issue. However, it is often best to notify the courts of your decision to move, anyway. It may be a good idea to have a family law lawyer review any orders or agreements to make sure you are no breaching any terms in them. The courts also issue their own information about moving your children after divorce.
The courts may have previously ruled that your child live with you, and granted you primary or residential custody, because they felt that this ruling was in the best interest of the child. Your spouse may apply to the court to have a judge determine if, after your move, it is still in the child’s best interest to live with you. If you have moved without permission of the court, especially if you share custody with the other parent, the judge will likely view this action negatively.
Hiring a Family Lawyer Before Relocating with Your Children
Unless you already have clear permission from the courts, and you and your spouse agree about the move, it is strongly recommended that you hire a family law attorney in Alberta before you take any legal action or begin your move. When the lives of your children, and the connection you will have with them, is at stake, you cannot afford to take any risks or missteps with child mobility.
Every divorce and child custody case is unique, and will differ in terms of the orders that will be needed in order to facilitate child mobility. It is important to fully understand your rights. For example, your current child custody order could include police enforcement clause. This means that, if you move without permission, the police can facilitate the child’s move back, if you are not willing to cooperate. You certainly do not want to put your kids through that experience.
Before you make any moves, it is best to have your child custody agreement amended, or a new order put into place, which accommodates your relocation. This will provide you with legal protection, will establish that your child’s best interests are being protected, and will reduce the risk that you will face any troubling legal battles in the future. When taking these necessary legal steps, consult with an Alberta family lawyer.
Learning more about Child Related Family Law
Our Calgary family child mobility lawyers try to provide the information you need. For more on the factors a court will look at for child mobility see our blog. For information on child support, click here. You may also need information on child custody laws in Alberta, if so click here.
Our Child Mobility Lawyers can Help With Moving with Children after Separation
As a firm we pride ourselves on exceptional service. That is easy to say and more difficult to prove. In 2013 we were recognized by the Top Choice Awards as the Top Family Law Firm of 2013 in Calgary.
To schedule a appointment with one of our Child Mobility lawyers to discuss your options, please contact our experienced team at Kahane Law Office. You can reach us toll-free at 1-877-225-8817, or 403-225-8810 locally in Calgary, Alberta or email us directly here.