Custodial Parents Who Want To Move

A mobility case is one of the most difficult cases to wrestle with because it is very hard to get an agreement that pleases everyone. It’s very difficult if a parent has been seeing his children 5 or 6 nights out of 14 and then has to adjust to Christmas break, March break and summer vacation time. That parent does not believe that is in the best interest of the children and they may very well be right. Also, with the now limited time they will have with their children, they’re not going to feel like a parent anymore and feel that they have no choice but to fight.

The courts can prohibit the parent from moving if it is seen as being contrary to the child’s best interests. But the judge’s decision is very difficult to predict. The court looks at the existing custody arrangements and the relationship between the child and the custodial parent. The court also looks at the existing access arrangement, the relationship between the child and the access parent, the desirability of maximizing contact between the child and both the parents, the views of the child, the custodial parent’s reason for moving, the parent’s ability to meet the needs of the child, the disruption to the child if there is a change of custody, as well as the disruption to the child’s consequent removal from the family schools and community that she/he has come to know. It’s a lengthy test but ultimately the decision is at the discretion of the judge. The judge considers what is in the child’s best interest and how the judge believes that best can be served.

If the child’s needs are likely to be served best by remaining with the custodial parent, then that consideration offsets the loss or reduction of contact with the access parent. The reality is that there is an advantage with the custodial parent when the court looks for a solution.

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If you, or someone you care about, is dealing with family law issues in York Region, Durham Region or Toronto, contact Andrew Feldstein & Associates for a consultation.