Open main menu

Clicklaw Wikibooks β

Changes

Moving Away after Separation

13 bytes added, 20:02, 28 September 2022
The burden of proof
*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 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 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 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====