Questions & Answers

Ex wife moving away with child

My son and his ex wife are divorced and have joint custody over their 4 year old daughter. She is moving 60 kilometers away with her new boyfriend. This way my son will not be able see his daughter during the week when she is in school. My question is…… can she do this, doesn’t seem fair when he has been a great dad.

— Linda H.

Answer

Mobility cases are often the most challenging cases. The court has the obligation to make a decision based on the best interests of the child. What that means is what arrangement will best foster the overall development of the child. When one parent is moving away, the court must struggle to determine whether it is better to allow the child to move with the moving parent or stay with the other parent and then determine what time sharing regime works best for the child. A move of 60 kms is not huge. Although mid-week access may not be possible, additional weekend time or holiday time maybe be possible as a substitute. There is no black and white answer. It all depends on many factors. Instead of going to court and letting a judge decide, I would recommend that the decisions be made using the Collaborative process. It is an "out of court" process which is more cost effective.

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