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ARTICLE · 16 JUNE 2022

Parental Mobility Rights – When Does Relocation Become Parental Child Abduction?

Devry Smith Frank LLP
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When a parent with primary decision-making responsibility for a child decides to relocate after a separation due to a new job, proximity to family, or a relationship, the move will certainly affect the access parent.

CanadaFamily and Matrimonial
Devry Smith Frank LLP
Devry Smith Frank LLP
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RELOCATION

When a parent with primary decision-making responsibility for a child decides to relocate after a separation due to a new job, proximity to family, or a relationship, the move will certainly affect the access parent.

RECENT AMENDMENTS TO THE DIVORCE ACT

The law pertaining to the relocation of a child is found under section 16.9 of the Divorce Act. The new section 16.92(1) requires the court to consider additional factors when deciding whether a relocation should be permitted:

  1. The reason for the relocation
  2. The impact of the relocation on the child
  3. The parenting time and involvement that each person has with the child
  4. Whether the person planning the relocation has given the proper notice

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