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Expert Child Relocation Lawyer in Kelowna

Kelowna family law relocation lawyer

Mobility or Relocation issues in family law arise when one parent wants to move to a new location, has children involved, and the other parent opposes the move.

Our Kelowna relocation family lawyer will help you understand your rights and navigate the legal process effectively.

Essential Facts About Relocation with Children

In most cases, a minor move is a non-issue. It is in circumstances where the parent’s move is such a change that it affects parenting time and disrupts the existing arrangements that are in place. Cooperation, negotiation, and/or compromise come into play in this situation. 

As a last resort, an application to the Court is made to determine whether the move is in the child’s best interest. 

The specific procedure that one must follow depends on the following: 

  1. Whether the existing arrangement between the guardians or parents  is pursuant to an agreement or a court order; 

  2. Whether the agreement or court order was made per the Family Law Act, BC, or the Divorce Act; 

  3. The existing parenting arrangements in place; and 

  4. Whether the move of the parent or the parent and child would significantly affect the other parent or guardian’s relationship with the child or children. 

Relocation is a move by either the parent/guardian or parent/guardian and child/children that would affect the other guardian’s relationship with the child/children. This is usually a long-distance move to another geographical region that disturbs the existing parenting arrangements.

Whether your move is around the corner or to a new city or province, it is best to speak to all individuals involved in the day-to-day life of the children. This includes people with “contact,” which are usually grandparents or other significant family members, as well as all other guardians, which is generally the other parent. 

Developing a solid plan that maintains the other guardian and contact people’s relationship with the child/children will make the plan a success and possibly result in you avoiding Court. 

As stated above, the procedure is slightly different depending on whether the agreement or court order was made according to the Family Law Act, BC, or the Divorce Act. In the case of the Family Law Act, the lack of a written agreement or court order involves proceeding under a different section of the Family Law Act. 

Where an agreement or court order exists, both statutes require notice to be given to the other guardians or individuals with contact if a guardian plans to relocate. Specific forms can provide information, such as the date of the proposed move and the new address.

Our Kelowna relocation family lawyer can help you navigate the process and advocate for the best outcome for you and your child.

Why Choose Our Child Relocation Lawyer in Kelowna

OUR APPROACH TO a RESOLUTION

1

COMMUNICATION & GOALS

Effective communication is the key to resolving any dispute. It starts at your initial meeting with our family lawyer as we discuss the reasons for contacting us, the nature of your dispute and your desired goals and outcomes.

2

PLANNING & STRATEGY

During the Planning & Strategy phase, Maio Law will review your case and discuss various options and methods of resolution to effectively accomplish your desired outcomes according to your budget and timeline.

3

EXECUTION & OUTCOMES

This phase is where the plan and strategy are put into action. During the execution phase, your plan and strategy will adapt to meet the changing environment to reach your desired outcome and goals.

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