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July 2016 Archives

Factors Alberta courts consider in mobility applications

Here we continue our discussion thread from our last two posts about the law surrounding a request by a Canadian parent with substantial custody of a child to move away with that child when the relocation distance from the other parent would prevent the current custody or parenting time arrangement from continuing. For example, if a custody order provided for the child spending every other weekend with the other parent, a child relocation that took that child more than a short distance away could make those access visits impossible. 

Mobility applications in Alberta courts

In our last post, we talked about parental relocation and the legal issues that arise when a divorced parent wants to move away and take his or her child along to the new home, away from the community in which the other parent lives. This presents especially thorny issues when the parent who would be left behind has custodial rights or parenting time with the child that would be impacted negatively if the child moved away to live in another place with the other parent. 

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