Following a breakup, a judge gives custody of the children to one of the parents. The person who does not have custody but still sees the children regularly learns that the parent who has custody intends to move with the children to a distant country. What happens when the custodial parent moves away from the other parent? What happens to the access rights of the non-custodial parent who is then far from the children?
The Custodial Parent Wants To Move Away From The Other Parent.
A move that was not planned when custody of the children was given to one of the parents constitutes a significant change. In such circumstances, the non-custodial parent has a reason to request or oppose the children’s relocation. Therefore, it would be prudent for the parent who wants to move with the children to ensure that the other parent agrees with this plan and will not oppose it.
If the other parent objects, the latter can file a lawsuit to request custody of the children with the help of a lawyer like spokane parental relocation lawyer for example. The parent who has custody of the children generally succeeds in obtaining permission from the judge to move with the children unless they are in one of the following situations:
The move was made on a whim, without consideration for the best interests of the children.
The Purpose Of The Move Is To Get Rid Of The Other Parent.
The children are well-anchored in their current living environment and are equally attached to both parents. The children do not want to move, and the non-custodial parent can care for them.
We must not forget that the judge must always make his decision based on the children’s best interests. When the removal of children is authorized, the judge must generally rearrange the access rights so that they are less frequent but longer. For example, children spend almost every long school break with a non-custodial parent and several weeks during summer vacation.
Travel costs will be borne by one or the other parent or shared between them, depending on their financial situation. The amount of alimony with Hodgson Law Offices for example will be modified accordingly, that is to say, reduced or increased depending on the children’s new situation.
A Warning Is Required For Divorced Parents.
Since March 1, 2021, the Divorce Act has been amended. The new version of the law protects divorced parents to prevent one of them from moving with the children without notifying the other. Before moving, a divorced parent must send a written notice to the other parent who also has parenting time with the child. The notice must mention the date of the move and the new address.
If the move is significant and may prevent the other parent from continuing to see their child, the moving parent must send the “Notice of Major Move” form at least 60 days before the major move. The parent who receives the notice and wishes to object to the move has 30 days to send the “Notice of opposition to a major move” form.
After receiving the opposition, the parent who wants to move must obtain authorization from the court before moving. The court considers several criteria to determine whether or not to authorize the major move, including:
the reason for the major move,
the consequences of the major move on the child.
If the court authorizes the major move, it can tell the parents how to distribute the costs that must be incurred to allow the parent who is not moving to exercise parental time with the child.