In mobility and relocation cases, one parent wants to move or relocate with the children and the other parent disagrees. The relocation may be to another part of British Columbia, to another Province, or to another country. Relocation means that the move will have a significant impact on the relationship between the children and the other parent, or between the children and other people who have a significant role in the lives of the children.
The Family Law Act of British Columbia contains the steps that must be followed by the party who desires to relocate and the party who opposes the relocation. The steps include important timelines and deadlines for each party.
When the parties do not agree on the relocation, the court may make a decision. The Family Law Act contains the test that the court is to use when deciding whether or not to allow the relocation. If the court allows the relocation, the court can also make orders about what the parenting arrangements will be after the relocation. For example, the court may make orders about the time that the children will spend with the other parent, and about contact such as by telephone and email.
We have experience in representing the party who desires to relocate or the party who opposes the relocation, and we are in a position to assess and advise our clients in all aspects of mobility and relocation cases.