Move Away Cases

Below is a MRR and PLR article in category Society -> subcategory Marriage.

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Move Away Cases


Overview


Move away cases arise when the custodial parent decides to relocate, significantly limiting or eliminating the other parent's contact with their children. This often happens when a parent wants to return to their hometown or start anew, but it impacts the children’s relationship with the other parent.

The Challenge


These cases often create a win-lose scenario. For instance, if a mother with custody in Edmonton decides to move to Toronto, the father may struggle to maintain the agreed visitation schedule due to distance and costs. While relocation might offer a fresh start for the moving parent, it disrupts the other parent's involvement with the children.

For the parent left behind, feelings of anger and resentment may arise, while the moving parent may feel restricted. Caught in the middle, children might feel pressured to choose sides, creating emotional turmoil.

Legal Considerations


Canadian courts prioritize the child's best interests when deciding on move away cases. Judges consider several factors:

- Potential for improved living standards
- Special needs or services for the children
- Financial ability of both parents to facilitate travel
- Children's interests and educational opportunities
- Overall quality of life for the children

Courts usually encourage mutual agreements or mediated settlements. When parents focus on what’s best for their children rather than conflicts, creative solutions can emerge. If an agreement can't be reached, the court will make the final decision based on the specifics of the case and similar past rulings.

Moving Forward


Successful resolutions often stem from mediation, which allows parents to address their needs collaboratively. It’s less about winning or losing and more about ensuring the well-being and stability of the children involved. This shift in focus can lead to constructive solutions, allowing families to adapt to changes while maintaining essential familial bonds.

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