Situations in which one parent wishes to relocate with the children following separation or divorce is one of the most contentious and litigated issues in family law.  The current Divorce Act does not provide any specific guidance to address such situations, however, the upcoming changes to the Divorce Act attempts to address this uncertainty by providing specific factors which should and should not be considered by the court on a mobility application.  The new relocation provisions of the Divorce Act also outlines that a parent wishing to relocate with the children has to provide written notice to the other parent 60 days prior to their intended move.  The other parent then has 30 days to object to such relocation in writing.  If the other parent objects, then the parent wishing to move cannot do so without an order of the court.

Another major change outlined in the updated Divorce Act provisions, is which parent has to demonstrate to the court why the move is or is not in the best interests of the child.  In situations where the parent who wants to move with the children has care of the children a “vast majority” of the time, the other parent has to show the court why a move is not in the children’s best interests.  On the other hand, if the children spend “substantially equal” time with both parents, then the parent who wishes to move has to show why the move would be in the best interests of the children.

If you or your child’s other parent is considering a relocation, please contact us to discuss how these changes may impact your specific situation.

For more information and resources regarding McKercher LLP Family Law Saskatchewan visit www.mckercher.ca/familylawsask