Child Mobility: Moving with Your Children After a Divorce in AlbertaJeff Kahane2020-09-20T15:13:55+00:00
The Law About Moving With Your Children After Divorce: Changing Cities.
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. Many people want to 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 or Edmonton, 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 in Calgary or 780-571-8463 in Edmonton.
Involve The Other Parent In The Conversation About Child Mobility
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. A further problem is when they feel like they will not 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, always create plans that you both agree upon. Specifically, a plan 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. The goal is to make sure you are not 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 the key determination factor. Specifically, if after your move, remains in the child’s best interest to live with you. If you moved without permission of the court, especially with shared custody with the other parent, the judge usually views 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 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. They also differ in terms of the orders 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.