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Hello, my name is Nick Slinko and I am a lawyer with the Feldstein Family Law Group. Today, I will be discussing the importance of incorporating a mobility clause into a separation agreement that addresses parenting and child-related issues.

A separation agreement is a legally binding agreement between two spouses which can address some or all of the issues of property, support, access and custody, amongst other things. One vital clause that is occasionally overlooked in a separation agreement is the issue of mobility.

In my professional opinion, it is very important that the issue of mobility is addressed in a separation agreement. Mobility involves the question of a parent’s right to be able to relocate from his or her current jurisdiction with the child, to another jurisdiction. A mobility clause can prevent and ultimately stop the custodial parent from relocating to another jurisdiction. Without this clause, the custodial parent can potentially relocate to any jurisdiction and at any time.

The mobility notice clause generally requires the custodial parent to provide the access parent with a certain amount of notice in the event of a change in the child’s permanent residence. Providing enough notice will allow the access parent sufficient time to bring a court application to challenge the relocation or seek a variation of the access and custody arrangements. Without a mobility notice clause inserted into a separation agreement the access parent is limited in their ability to prevent the custodial parent from relocating with the child and in a short period of time.

Mobility clauses may also restrict a custodial parent from relocating outside a certain jurisdiction or a certain kilometer radius of where they are currently residing. This will allow the access parent to ensure that their parenting schedule will be maintained, especially pick up and drop offs to school and weekday visits, which may not be possible if the child lived too far away.

If you would like to speak with me or with one of our other lawyers about the issue of mobility, or regarding your family law matter more generally, please feel free to contact us at 905-581-7222 to schedule your initial consultation. Thanks for watching!