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  • How to word a relocation clause

    Obviously you cannot restrict anyone from relocating or the distance they relocate. How do you word a clause so that any relocation does not disrupt the children's lives? IE schools, friends, family, etc.

  • #2
    My drafted separation agreement states that neither parent will move more than 50 km from 'x' so you can restrict relocation. I think in 50/50 custody splits it's pretty typical.

    Comment


    • #3
      "Neither party shall move ** kilometres from City" or "Neither party shall move there residence outside the jurisdiction/township/municipality of..." are standard clauses.

      Another one of late is "Should either party move their residence more than ** kilometres from the other parent, the moving parent shall be wholly responsible for any additional custody or access costs brought about by that move"

      Usually, if custody is shared, the first two apply.

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      • #4
        PS-The paragraph that follows in most orders state that "any move further than ** kilometres by either parent shall be grounds for a material change in circumstance"

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        • #5
          In other words "back to court"...lol

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          • #6
            Our Judge has recommended the follow for this:

            The habitual residence will not be changed without a court order or agreement by both parents. -- the judge advised this means province he lives in.

            Then she also added a clause stating that neither my ex or I is to make a change that would 'frustrating' the order. -- I think that was the word she used.
            Last edited by Pharah; 01-20-2011, 04:48 PM.

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            • #7
              Well province can be a pretty big stretch, how does access change and at what distance if thre is 50/50?

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              • #8
                Sorry, the word she used was 'frustrates'.

                Basically, anything that frustrates the order, such as a long distance move is not permitted without a court order or agreement from the other parent and he is not to be moved out of Ontario.

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                • #9
                  CanLII - 2009 ONCJ 687 (CanLII) is a decent case to go by, because it has most of the recent decisions regarding mobility and mobility clauses.

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                  • #10
                    Here is what I put in my agreement (wrote this myself). Equal 50/50 access for 3 children.

                    C.12. The Husband and Wife agree that the children will attend xxxxx Public School, and xxxx Secondary School until the completion of Grade 12 unless agreed to by both the Husband and Wife.

                    C.13. The Husband and Wife agree that the homes for the children will remain within 10 km of xxxxx Public School and xxxx Secondary School while any of the children are in school there. If the Husband or Wife move their home outside of this area, that parent will pay for and facilitate all transportation requirements for the children to attend xxxxx Public School or xxxx Secondary School and for access to the other parents home. If both parents move outside the 10 km area, transportation costs and facilitation will be the responsibility of the parent who has the children that day.

                    C.14. The Husband and Wife agree that the homes for the children will remain within 20 km of xxxxx Public School and xxxx Secondary School while any of the children are in school there.

                    C.15. The Husband and Wife agree to notify the other of the time and location of a pending move of residence within one week of the information being available to the parent.

                    C.16. The Husband and Wife agree if a primary or legal residence is required to be named for the children, it will be the home of the Husband as currently this has been a home for the children for the longest time. If possible however, no distinction will be made between the two homes the children live in with respect to designation or significance.

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                    • #11
                      Thanks everyone this has been really helpful, here's to hoping!

                      Comment


                      • #12
                        Originally posted by billm View Post
                        Here is what I put in my agreement (wrote this myself). Equal 50/50 access for 3 children.

                        C.12. The Husband and Wife agree that the children will attend xxxxx Public School, and xxxx Secondary School until the completion of Grade 12 unless agreed to by both the Husband and Wife. Not enforceable...circumstances change, and the courts would never limit it to one school only.

                        C.13. The Husband and Wife agree that the homes for the children will remain within 10 km of xxxxx Public School and xxxx Secondary School while any of the children are in school there. If the Husband or Wife move their home outside of this area, that parent will pay for and facilitate all transportation requirements for the children to attend xxxxx Public School or xxxx Secondary School and for access to the other parents home. If both parents move outside the 10 km area, transportation costs and facilitation will be the responsibility of the parent who has the children that day. 10 km is too small a range. That is like saying you have an 8-block radius in which you can live...again, too restrictive.

                        C.14. The Husband and Wife agree that the homes for the children will remain within 20 km of xxxxx Public School and xxxx Secondary School while any of the children are in school there. last para said 10, now it is 20?

                        C.15. The Husband and Wife agree to notify the other of the time and location of a pending move of residence within one week of the information being available to the parent. Court standard is "not less than 60 days prior to any move" since most people who move are renting and required to provide 2 months' notice, or selling (at which point, you know the intent to move is there).

                        C.16. The Husband and Wife agree if a primary or legal residence is required to be named for the children, it will be the home of the Husband as currently this has been a home for the children for the longest time. If possible however, no distinction will be made between the two homes the children live in with respect to designation or significance.

                        C.18 Each parent is responsible for providing a furnished room in their home for each child, and shall be responsible for their own costs of clothing, toys, books, etc.
                        The bolded would be the issues I would have with it, and would change. I live in the city, and my son's school zone is much bigger than that 10-20 km. You need to change it to state that neither parent will move outside the zone for x school or y school, as long as a child is attending.

                        But that is just me....
                        Last edited by InterprovincialParents; 01-21-2011, 02:18 PM. Reason: typo

                        Comment


                        • #13
                          C.18 Each parent is responsible for providing a furnished room in their home for each child, and shall be responsible for their own costs of clothing, toys, books, etc.
                          Wait a minute I am confused, I could be mistaken but I thought in a former thread I was told that IF a parent doesnt have a room to accomodate every child that's their perogative, maybe they cannot afford it. I am not trying to start something but this kind of reffered back to when bio-mom picked out a 2 bedroom unit that only accomodates for the daughter to have a room and not the son, even IF he wanted to go and stay there periodically. Can you really stipulate this?

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                          • #14
                            Supreme Court of NB case...

                            Given the focus on the welfare of the child at this point, the test to be applied on an application for an interim custody order is: what temporary living arrangements are the least disruptive, most supportive and most protective for the child. In short, the status quo of the child, the living arrangements with which the child is most familiar, should be maintained as closely as possible. With this in mind, the following questions require consideration.
                            1. Where and with whom is the child residing at this time?
                            2. Where and with whom has the child been residing in the immediate past? If the residence of the child is different than in #1, why and what were the considerations for the change in residence.
                            3. The short-term needs of the child including:
                            (a) age, educational and/or pre-school needs;
                            (b) basic needs and any special needs;
                            (c) the relationship of the child with the competing parties;
                            (d) the daily routine of the child.
                            4. Is the current residence of the child a suitable temporary residence for the child taking into consideration the short-term needs of the child and:
                            (a) the person(s) with whom the child would be residing;
                            (b) the physical surrounding including the type of living and sleeping arrangements, closeness to the immediate community and health;
                            (c) proximity to the preschool or school facility at which the child usually attends;
                            (d) availability of access to the child by the non-custodial parent and/or family members.
                            5. Is the child in danger of physical, emotional or psychological harm if the child were left temporarily in the care of the present custodian and in the present home.

                            Comment


                            • #15
                              WOW...sorry i took that off topic for a sec

                              Comment

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