- April 14, 2024
- Posted by: legaleseblogger
- Category: Related News
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## Can a Parent with Joint Custody Move to Another Town Without Permission?
If a separated couple has joint custody of their children, there may be legal considerations to take into account when one parent wishes to relocate to another town, such as ensuring that the move does not significantly impact the children’s well-being and access to both parents.
In cases where the relocation is within a reasonable distance, such as 45 km away, it may not require explicit permission from the other parent. However, it is important to consider the potential effects on the children, such as longer commute times to school or access to both parents.
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A relocation is defined as:
>“relocation” means a change in residence of a child, or of a person who has decision-making responsibility or parenting time with respect to the child or is an applicant for a parenting order in respect of the child, that is likely to have a significant impact on the child’s relationship with,
>
>(a) another person who has decision-making responsibility or parenting time with respect to the child or is an applicant for a parenting order in respect of the child, or
>
>(b) a person who has contact with respect to the child under a contact order; (“déménagement”)
So whether something is a relocation depends on the distance and the parenting arrangements. If you have a 50-50 parenting split it could be while if one parent only has every other weekend it may not be (particularly if the moving parent is willing to provide the non-moving parent additional parenting time and drive the kids to/from the non-moving parent).
If a move isn’t a relocation the moving parent needs to provide the other parent with notice of their intention, but doesn’t need permission.
For a relocation, they are supposed to give 60 days advance notice including a proposal as to how the other parent will continue to exercise parenting time.
On receiving that notice the other parent has 30 days to send a written objection to the relocation or apply to court for an order prohibiting it. The relocating parent can only relocate if there is no objection or application for an order. If there is an objection they need court permission.
As with most family court issues, the best resolution is to come to some kind of agreement (if at all possible) rather than having the court decide.