Sharing child custody can always be difficult, especially when both parents want to maximize the amount of time they spend with the child.
However, custody can be even more challenging when the custodial parent wishes to move to another part of the country. Such moves can significantly change the child’s quality of life and impact their relationship with the access parent. Further, court rulings have varied wildly when such issues have gone to trial. That means it’s very difficult for family law lawyers to predict how a court may rule. Generally, courts make their rulings in such child custody cases based upon the best interests of the child.
That’s not always an easy thing to determine, though. The best interests of the child can depend on a number of factors, including the child’s relationship with each parent. Courts may also look at whether the move will improve the custodial parent’s financial, social or mental well-being. The thinking is often that an improvement for the custodial parent is also an improvement for the child. Access parents will often have a stronger case if they are heavily involved in the child’s life. If the child regularly visits with the parent, as well as the parent’s family and friends, the court may view the access parent as an integral part of the child’s life.
Similarly, a court may be more likely to approve the move if the child is more dependent on the custodial parent and the custodial parent’s family. Many lawyers seem to agree that there’s no rhyme or reason to court rulings in these cases. Two similar cases can have different outcomes in different courts, even if most of the elements are the same. In many cases, parents may be better off working out an agreement in a cooperative fashion rather than risking a bad outcome in court. A family law lawyer could help a parent make the case for or against a move and help negotiate any visitation agreement.
Source: The Canadian Bar Association, “Breaking away”, Pablo Fuchs, December 16, 2014