5,310
edits
Changes
→What happens if a spouse wants to move?
*When the spouses have ''substantially equal'' parenting time with the child, it is the job of the spouse who wants to move to show that the move ''is'' in the best interests of the child.
*When the child is with the spouse who wants to move for the ''vast majority'' of their time, it is the job of the objecting spouse to show that the move ''is not'' in the best interests of the child.
*In the those in-between cases where the child's time isn't shared ''substantially equally'' and the child isn't in the care of a spouse for the ''vast majority'' of their time, ''both'' spouses have the job of showing whether the proposed move is or is not in the child's best interests.
Section 16.92 of the ''Divorce Act'' has a list of factors that the court should think about when deciding whether to allow a move or not. These include: