FAMILY LAW BLOG


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Home is Where You Make It – How Family Law Impacts a Potential Move

Alberta has been an attractive place for Canadians and people around the world seeking economic opportunities. Calgary has seen, until very recently, large migration into our city. Young people came here at the start of their careers and lives seeking opportunities. This often means new families are formed in our city and children are born as first generation Calgarians. It is a wonderful part of our vibrant, youthful city.

 

However, when the economy stalls and a marriage falters, the pull of “home” can be especially strong. It is natural to want to be near ones’ support system during difficult times. There are lots of reasons why people who spent part of their lives in Calgary may want to move to another city, province or even country. It is fairly often that we are asked whether it is possible to move with children after a separation.

 

Like with most things, there is no easy “yes” or “no” answer. Any decision maker is going to generally look at the best interests of a child and how those will be served in relocation. Just because it may be in a parent’s best interest to move, does not necessarily mean it is in the child’s best interest. The child’s ties to the other parent, extended family, the community, schooling, extra-curricular activities all will factor in to this difficult choice.

 

Anyone wanting to move will also have to be able to demonstrate what the child’s new circumstances will be and how those will be in a child’s best interests. Again, this would be in reference to all aspects of a child’s life – home, family, schooling, activities, and so on.

 

A child generally wants to enjoy a close, supportive and meaningful relationship with both parents. If a move is considered, it is important to protect and foster a healthy continuing relationship with the parent who isn’t moving as well. We can help craft those parenting arrangements that meet the needs of the child.

 

It is important to provide enough notice and time to have a thoughtful discussion around a possible move and to put good and reliable evidence in front of a decision maker if a private parental decision is not possible. In a child centred process, we would also recommend that you engage in the conversation before any move happens. Asking for forgiveness is not a better option than asking for permission in this circumstance. If you are considering a move with your child, please contact us for a case assessment.