Can I Move My Child Out Of The Province?

On behalf of Peterson Stark Scott posted in Family Law on January 24, 2017.

Custody and access disputes can become contentious, especially if one of the parents is planning to move the child out of British Columbia.

If you are planning to move with your child, then you must inform the other parent or guardian about the move if:

  • There is a written order or agreement dealing with child custody and contact;
  • You intend to move only the child, yourself and the child, or only yourself; and
  • The move would have a big effect on your child‚ relationship with the other parent or other people in your child‚ life.

The law requires that you give the other parent 60 days written notice of the move.

What Happens If I Do Not Have An Order Or Agreement?

You must still tell the other parent about the move and try to come to an agreement about moving the child.

If you cannot come to an agreement, then you will likely have to apply to the court for a parenting order that will allow you to move the child.

The court will look at whether such a move is in the best interest of the child, not the parent.

What Happens If The Other Parent Disagrees With The Move?

If the other person objects to the move, then you will either have to cancel the move, or else go to court and show that the move is made in good faith.

Moving a child without the permission of the other parent or guardian can have severe consequences.

If you are planning to move your child, it is prudent to seek the advice of a family lawyer.

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