What if parent moves

Domicile restrictions are often as heavily litigated as custody itself. There are several reasons for this:. Courts usually consider those desires less important than the children having both parents nearby.

When the non-custodial parent moves away, then what happens? That does destroy the whole purpose of a domicile restriction, after all. There are usually two options in this situation:. A move not expected when custody was given to one parent is considered a major change. Therefore, the parent who wants to move away with the children should make sure ahead of time that the other parent agrees to the move.

The judge usually allows the parent with custody to move with the children, except in one of these situations:. Travel expenses will be either paid by one parent or shared by both, depending on the financial situations of the parents.

Also, the amount of child support payments will be increased or decreased according to the new living arrangements of the children. Since March 1, , the Divorce Act has changed. The new version of the law protects divorced parents by preventing one parent from moving with the children without warning the other parent. Before moving, a divorced parent must send a written notice to the other parent who has parenting time with the child. The notice must state the date of the move and the new address.

The court considers several factors when deciding to approve the significant move or not, including:. The mother has custody of the child. The father sees the boy every second week, from Friday evening to Monday morning. The mother wants to move to another country to be with her new spouse, and she wants to bring her son with her.

He asks the court to give him custody. We recommend that you get legal advice if there is a dispute about moving to another location. Talk with a family justice counsellor at a Family Justice Centre. British Columbia has a central authority that assists left-behind parents whose children have been abducted across international borders. Comments will be sent to 'servicebc gov.

Enter your email address if you would like a reply:. The information on this form is collected under the authority of Sections 26 c and 27 1 c of the Freedom of Information and Protection of Privacy Act to help us assess and respond to your enquiry. Questions about the collection of information can be directed to the Manager of Corporate Web , Government Digital Experience Division. I consent. Skip to main content Skip to main navigation Skip to side navigation Accessibility Statement.

Section Navigation. Basics of Family Law. Parenting Apart. Am I a guardian? What does it mean to be a guardian? Can I still have contact with the child? I am separated from my child's other parent.