Ottawa Divorce .com

Moving With Children After Separation

"I have sole custody of my children. What happens if I want to move somewhere else?"
Even though you have sole custody, you must still obtain the approval of your former spouse before relocating your children.

"My ex will never voluntarily agree to my leaving with our kids. What can I do?"
You'll need to start legal action asking the court to grant you permission to move your children.

"What will the court be looking for?"
The court decides this by looking at what is in your children's best interests.

"This is a pretty vague standard - how do I know what the court will decide?"
You're right, it is pretty vague. This is one of the most difficult areas of family law. It can be difficult to know in advance how a court will decide. As a general guide, if one parent has sole custody, that parent is more likely to succeed in obtaining the court's permission to move the children. If the parents have joint custody, it is more difficult to move away. The larger the role in the children's lives of the other parent, the harder it is to move. The reason for the move can also make a difference. If the move is simply to join a new partner, it may be difficult to get the court's permission; whereas, if there are solid economic reasons for the move, the court is more likely to give permission.