"Can I move with my child?"

That question is very difficult, virtually impossible to answer, without knowing the specific facts in your case but the initial answers would be as follows:

1. if your child's/children's other parent agrees - yes
or
2. if the Court approves the move - yes

Even non-custodial parents have the right to object to a proposed move (or a move which has already taken place, in specific circumstances) if the potential change in the child's residence would affect their contact with their child/children and no reasonable arrangements can be made to address the change in their physical relationship.

This area of family law is commonly referred to as "mobility" law and it is customary to address it in Separation Agreements, so that the possibility of a move is addressed in advance, before it takes place, and the parties turn their minds to the mechanics of dealing with the move at the relevant time. Notice periods are common.

Without question, a move from Ontario to Australia will have far greater consequences for the parent staying behind than a move from Ontario to Oakville. That being said, in two specific cases, a court may approve a move to Australia but not a move to Oakville. That is one of the reasons I said at the beginning of this post that the specific facts of your case are very, very important and relevant.

Mobility is particularly relevant to shared-residence situations - where the child/children live with each parent for at least 40% of the time - in those situations, it is particularly important that the respective parents' residences be reasonably close to one another to allow the arrangement to work effectively.

Spring is almost here....open your mind to the possibility!

photo credit: alaf.co.uk