Parental mobility rights, which specifically address a parent’s right to relocate or move with a child, can present numerous complexities best addressed by an experienced lawyer. If you are looking to relocate or are an access parent and want to dispute a proposed move by the custodial parent, an Ontario family law lawyer at Feldstein Family Law Group P.C. can help you understand your rights and your options. Taking the appropriate measures will be essential if your relationship with your child is to be protected to the fullest extent.
Our lawyers can address issues related to parental relocation in situations such as:
- Parental child abduction and getting your child back;
- Applying for parental relocation to another city, province, or country;
- How your current access or custody agreement may affect mobility rights;
- Modifying a current custody or access agreement to address relocation; and
- When relocation requires court approval and when it does not.
Do not wait to act if you have questions about mobility rights. Call (905) 581-7222 for a free consultation and make the right choices for you and your child.
Determining Factors in Allowing Parental Relocation
If a parent wishes to move with a child and this move does not affect the current custody or access agreement, there is generally no need to obtain court approval. A simple notice to the access parent should suffice. If the move will affect the current custody or access plan, however, the move must be approved by the court or consented to by the other parent.
In Ontario, mobility rights are handled on a case-by-case basis. Case law has dictated that the best interests of the child must be observed, not the best interests of the custodial parent. This may include taking into account the existing custody agreement and relationship between the child and the custodial parent and the child and the access parent, as well as a number of other factors. Having an Ontario family lawyer to present your case in a clear and compelling manner can make a significant difference in asserting your mobility rights or your rights as an access parent.
For more information and for answers to your specific custody-related questions, call (905) 581-7222. We serve Oakville, Mississauga, Vaughan, Markham, and all of Ontario.