Posts Tagged ‘moving with children’
Recent case: Relocation in the context of family violence
This case summary of A.J.K. v J.P.B. 2022 MBQB 43 was prepared by Pamela Cross. While this is a Manitoba case and, therefore, not binding on Ontario courts, the decision is interesting because of the extensive exploration of family violence in the context of the mother’s request to move with the children without providing notice…
Read moreRecent case: Supreme Court mobility decision
In Barendregt v Grebliunas, the Supreme Court of Canada considered which parent should have primary responsibility for their two young children and whether the mother could relocate them to a town some distance from where they had been living with their father. The family was living in Kelowna, British Columbia, when, following an assault by the…
Read moreHow does the court decide whether I can relocate with my children after leaving my partner?
If you are planning to relocate with your children and their other parent or anyone who spends time with them under a contact order does not agree, the court will determine whether the move is in the best interests of the children, taking into account a number of factors.
Read moreWhat do I need to do if I want to move?
The Divorce Act and Children’s Law Reform Act are the laws that govern relocating. They contain very specific rules for what parents need to do if they want to move, either with or without their children.
Read moreAnother pandemic/school case: Importance of evidence
A.B. v L.J. 2020 ONSC 5248: In this case, the parents have joint custody of their two young children. The children are primarily resident with the mother, who has final decision-making authority. The mother and children had been living in Port Perry and the father in Burlington, where the children spent time with him on alternate…
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