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Am I allowed to move with the kids immediately after a Divorce?

A parent packs boxes to prepare for a move with their kids after a divorce

The aftermath of a divorce is a time of change. Regardless of whether the divorce was amicable or not, chances are that you will be looking for a bit of breathing room so that you can get a new lease on life – separate from your ex.

For some newly divorced couples, this might mean packing up their bags and moving to a new province or country. But how does this work in accordance with child visitation, custody and support issues? Are you allowed to simply move out of town, or are there any legal repercussions?

Preparing for a move

When one parent wants to move the kids following a divorce, it is called a “mobility case”. Even if you have been granted sole custody of the child or children, you will need permission from the other parent before moving.

If you were anticipating the move in advance, this may have been something that was addressed during the case and would have been detailed in the Separation Agreement or Court Order.

Dealing with disagreements

If you cannot come to an agreement with your ex about relocation through private discussion or mediation, it is possible to take this decision to trial. A judge will need to determine what decision is in the best interests of the children who are involved.

Obviously, a significant move would disrupt any scheduled visits from the other parent. If the other parent is an important part of the child’s life, it is unlikely that a judge will grant permission to move.

Factors that a judge will consider when making a decision include the family’s financial situation, the availability of support and the emotional well-being of the child. Taking the time to prepare a clear plan for how your children will benefit in their new location will help you be more likely to win your case.

Consult a family lawyer

Leaning on the expertise of an experienced Family Law Lawyer during this time will be invaluable for helping to ensure that your position is represented in the best possible light. A lawyer will give you important insight into the process and can help you prepare for court. Contact Epstein & Associates for expert legal advice in your divorce case!