As a Custodial Parent, Can I Move Away With My Child?
If you have sole or joint custody of your child or children and are considering moving, which will make regular visitation difficult or impossible for the other parent, there are certain procedures that the law in BC requires you to follow. The introduction of the Family Law Act in 2013 has changed the process for applying to move with your child.
First, you must give the other parent or guardian 60 days written notice before you move, outlining where you plan to move and when; this is called ‘giving notice’. The other parent or guardian then has 30 days to ‘object’ to your intended move. If they do not object within 30 days, you may be able to go ahead with your move.
If the other parent or guardian objects to your move, then unless you can reach an agreement, you may need to go to court to have a judge decide if the move is in the “best interests of the child.” Typically, a judge will consider such things as:
- the reasons for the move;
- will the move improve your child's quality of life;
- the child’s connection to their current community;
- the age of the children;
- the involvement of each parent or guardian in the child’s life; and
- the overall best interests of the child.
The court will also consider whether you have made arraignments to maintain relationships with the other parent or guardian, and their relatives, if you are allowed to move.
Moving with a child can be complicated. It is an important decision that should not be made lightly.
Contact us to see how we can help. First consultations are free.
Toll-Free: 1-877-860-7575
Difference Between Guardianship And Custody
What is the difference between Guardianship and Custody?
On March 18, 2013, the Family Law Act came into force and replaced the old Family Relations Act. Under the current law the concept of “child custody” has been removed and replaced with child “guardianship”.
Section 39 of the Family Law Act explains that parents who live with their children are guardians and both parents remain guardians after separation. This is normally the case without the need for a court order. This is different than the old Family Relations Act which said that when parents separate, the parent with whom the child lives has “custody” and “guardianship”. Under the new Family Law Act, responsibility for a child does not necessarily change merely because the parents have separated.
Some important notes:
- A parent who has never lived with a child can apply to be a guardian
- It is possible for a child to have more than two guardians
- It is possible for a non-parent to become a guardian
- Stepparents do not become guardians by virtue of a marriage with a child’s guardian, but they can apply to be guardians
- It is possible to remove a person as a guardian
The concept of guardianship and the many possible outcomes available can be complex. The experienced lawyers at Jabour Sudeyko Lucky can help by making the process less stressful.
Contact us to see how we can help. First consultations are free.
Toll Free: 1-877-860-7575