When a couple divorces, one parent may choose to relocate to another city or province – or even country. If the relocating parent wishes to take the minor children with them, the courts may be involved. Even where parents share responsibility for the children’s upbringing, relocation is not impossible.
The court will take into account various factors, including the child’s emotional, psychological, and physical wellbeing. In some cases, the court may order psychological evaluations of the children or parents to assess the impact of the proposed relocation on the children’s wellbeing. The court will consider how contact between the children and the non-relocating parent will be maintained. This could include contact visits, communication methods, and how the associated costs will be handled.
The Children’s Act acknowledges the importance of a child’s voice in major decisions affecting their life. The child’s views and wishes must be taken into account, in accordance with their age, maturity, and development stage. The child’s best interests will always be the primary influence on the court’s judgment.
Contact SD Law if you need help relocating with a child after divorce.