Can My Ex Stop Me From Moving?
June 9, 2016 by West Coast ADR
In a simple answer, yes, but parental relocations — the formal term used for when a custodial parent wants to move with the children — are usually much more complicated than that. Summer is prime moving time for many people because the children are out of school and the weather is pleasant. Moving during the summer also gives everyone a chance to adjust to the new place and neighbourhood before school starts back up in the fall. However, if you’re a custodial parent planning to move this summer, there are a few things of which you should be aware.
The first is that you must notify both your ex and the courts of your intent to move. This notice must be given a certain amount in advance of the intended relocation as well, and the exact length is usually noted in your custody order. Providing formal notice of your intent to relocate gives your ex enough time to file an objection if necessary and for the courts to make any needed changes to the custody or access arrangement.
When reviewing your request to relocate, the courts will take into consideration the existing custody and access arrangement, how far the new residence will be from the noncustodial parent and the wishes of all involved. If your ex does not object to the move and is willing to agree to alter the access arrangement, you likely won’t have any issues.
However, if your ex does object to the move, you may need to consider a more formal dispute resolution option. Arbitration, for example, can help both of you come to an agreement on what is in the best interests of the children and how the access arrangement may be adjusted to protect the child’s relationship with both children.
Source: FindLaw, “Can custodial parents move their children?,” accessed June 09, 2016
In a simple answer, yes, but parental relocations — the formal term used for when a custodial parent wants to move with the children — are usually much more complicated than that. Summer is prime moving time for many people because the children are out of school and the weather is pleasant. Moving during the summer also gives everyone a chance to adjust to the new place and neighbourhood before school starts back up in the fall. However, if you’re a custodial parent planning to move this summer, there are a few things of which you should be aware.
The first is that you must notify both your ex and the courts of your intent to move. This notice must be given a certain amount in advance of the intended relocation as well, and the exact length is usually noted in your custody order. Providing formal notice of your intent to relocate gives your ex enough time to file an objection if necessary and for the courts to make any needed changes to the custody or access arrangement.
When reviewing your request to relocate, the courts will take into consideration the existing custody and access arrangement, how far the new residence will be from the noncustodial parent and the wishes of all involved. If your ex does not object to the move and is willing to agree to alter the access arrangement, you likely won’t have any issues.
However, if your ex does object to the move, you may need to consider a more formal dispute resolution option. Arbitration, for example, can help both of you come to an agreement on what is in the best interests of the children and how the access arrangement may be adjusted to protect the child’s relationship with both children.
Source: FindLaw, “Can custodial parents move their children?,” accessed June 09, 2016