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Moving Away after Separation

226 bytes added, 20:00, 28 September 2022
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<blockquote><tt>(5.2) The relocation of a child is deemed to constitute a change in the circumstances of the child for the purposes of subsection (5).</tt></blockquote>
This is important, of course, because moves that are likely to significantly impact the child's relationship with someone with who has parenting time are also likely to disrupt that person's ability to spend time with the children the way they used to. Whatever the schedule of parenting time used to be, if the child is moved further away than a 30- or 60-minute drive, it may be impossible to continue the usual schedule and the schedule will need to be updated.
Second, under section 16.95, the court can also make orders about sharing the expenses the parent who isn't moving will have to pay in order to exercise parenting time:
<blockquote><tt>If a court authorizes the relocation of a child of the marriage, it may provide for the apportionment of costs relating to the exercise of parenting time by a person who is not relocating between that person and the person who is relocating the child.</tt></blockquote>
This too is important, because the cost of travelling to see the children is likely to be much higher after a move than it was before the move. These expenses may include the cost of gasoline and meals for a person who is driving to see the children, the cost of airline tickets for the person or the children, and the cost of hotels when the person travels to see the children. Under section 16.95, the court can order that the person who moved must pay a share of these expenses.
==Moves under the ''Family Law Act''==
<blockquote><blockquote><tt>(b) must not consider whether the guardian who is planning to move would do so without the child.</tt></blockquote></blockquote>
The "factors set out in section 37(2)" are the factors the court is required to consider when making decisions about the best interests of children. In addition to considering the reasons for the move, the court must consider the best-interest interests factors in section 37(2) and the additional factors in section 38 that apply when family violence is an issue. Here are the best-interest interests factors in section 37:
<blockquote><tt>(2) To determine what is in the best interests of a child, all of the child's needs and circumstances must be considered, including the following:</tt></blockquote>
*the place to which the guardian proposes to move.
Under section 66(2), the moving guardian can apply to court for an exemption from the notice requirement if there are concerns about family violence or if they can prove that the child has no ongoing relationship with a guardian or a person with contact, and they don't have to notify . These applications can be made without the moving guardian notifying anyone else of their application for the exemption , as the Rules of Court normally require.
====Objecting to a proposed move====
*the move is in the best interests of the child.
In other words, if the guardian who wants to move has the child for most of the time, the guardian must only prove show that they are proposing to move in good faith, using the factors in section 69(6), and that they've proposed reasonable arrangements for how parenting could work after the move, and the move is will be presumed to be in the best interests of the child. The burden then lies on the other guardian to show that the move is not in the best interests of the child.  If the guardians share the child's time, then the guardian who wants to move must not only show that they are proposing to move in good faith and that they've proposed reasonable arrangements for how parenting could work, they also prove have the burden of proving that the proposed move is in the best interests of the child.
====After decisions about a proposed move are made====