Helping you navigate moves that impact your parenting arrangements.
When a parent wishes to relocate a child after separation or divorce, it often involves complex legal considerations, especially if the move will significantly impact existing parenting arrangements. These situations require careful legal guidance to ensure that the child’s best interests remain at the forefront while also addressing the practicalities and rights of both parents. At Mincher Koemen, we provide clear support for these sensitive child relocation matters.
Child mobility and relocation refers to the legal process and considerations involved when a parent seeks to move with a child to a new geographical area, particularly when such a move would alter existing parenting arrangements and access for the other parent.
When a parent seeks to move with a child and it will impact existing arrangements, our firm can help. We provide:
Child mobility cases often present a unique legal challenge, balancing a parent’s right to move with the child’s established relationships and routines, as well as the other parent’s access.
Alberta courts apply a “best interests of the child” test, which involves a comprehensive assessment of various factors, including the child’s ties to their current community, the reasons for the proposed move, and the practicalities of maintaining a relationship with the non-living parent. Understanding the legal burdens of proof, which can shift between parents depending on the specific circumstances, is the key to effectively navigating these often emotionally charged and complex legal proceedings, and Mincher Koeman’s experienced team is here to help.
If your move with the child is likely to have a significant impact on the child’s relationship with another party who has parenting time, decision-making responsibilities, or contact (such as the other parent or guardian), you typically need to provide formal notice or obtain consent. If consent isn’t given, a court order is normally required.
Moving a child without proper notice or court approval in Alberta can lead to serious legal consequences. The other parent may seek a court order for the child’s immediate return to the original jurisdiction, and the court may view the unilateral action negatively, potentially impacting future parenting orders or leading to contempt of court charges.
Alberta courts prioritize the child’s best interests when assessing relocation applications. They consider various factors, including the child’s relationship with both parents, their ties to the current community, the reasons for the proposed move, the impact of relocation on the child, and the feasibility of any proposed new parenting arrangements.
Your path to legal clarity starts here. Let’s explore your legal options together.
Take control of your legal situation. Reach out to our team to begin the conversation, and we’ll help tailor a legal strategy that promises the best chance of success for your case.
