Calgary Child Mobility Lawyers

Addressing Relocation Of Parents And Children

Parenting plans normally involve regular contact between children and both parents. When one parent wants to move with the children, the emotional strain can be significant. Children may see one parent less frequently, causing permanent damage to the relationship. The primary parent, however, may have legitimate reasons to move.

Relocation can be legally complex and difficult for parents to negotiate without assistance. Kirk Montoute LLP is a Calgary firm of family lawyers and mediators. We are trained in the process of arriving at creative solutions for the benefit of parents and children following divorce or separation. If you have concerns about a pending relocation or are facing resistance from your co-parent with regards to a move, we can help. Reach out to our firm for more information.

Factors Assessed By Courts

At Kirk Montoute LLP, we are proponents of agreements arrived at by parents outside of court. The advice we provide, however, is guided by what the law says about specific issues. Before the courts will consider changing an existing parenting/custody plan there must be a clear change in circumstances. The relocation of a Calgary resident with his or her child outside of Calgary, and in some circumstances even within Calgary, is an example of a material change in circumstances.

After a material change has been established, courts will look at specific criteria such as:

  • Existing custody and access arrangements
  • Relationship between the child and each parent
  • Extent to which maximizing contact between child and both parents is desirable
  • Views of the child, particularly as he or she grows older
  • Disruption to the child, specifically with regards to change in custody, removal from family, schools, and the community
  • Reason for the move where it is relevant to the custodial parent's ability to meet the child's needs
  • The child's best interests

At Kirk Montoute LLP, we stand by you and act as your advocates in a way that is consistent with the best interests of your children. When solving a relocation dispute in a private forum is not possible, we can effectively make your case in a courtroom. Ultimately, our objective is to use the appropriate legal means to achieve a result that supports the well-being of your children and preserves your role as parent.

Related Articles

Calgary Lawyers For Parental Relocation And Move-Aways

To speak with a Calgary lawyer about child mobility, call us toll free at 877-563-5295 in Alberta or contact us online. In Calgary, call 403-233-9300.