In today’s global economy people are offered jobs in other provinces and even foreign countries.
What happens when your family has gone through a separation and one parent wants to relocate with the children to another province or country? Can the moving parent take the children? What will be his/her chance of success? These are called “mobility” cases.
There are many factors a court considers in deciding a mobility case.
At Kennedy Schofield Lawyers we are committed to offering our clients the most up to date advice. At a Canadian Bar Association conference I attended, there was a session on “mobility.” The presenter, a well-respected family law professor within the legal community, reviewed the mobility case law across Canada and found that the outcome in mobility cases is 50/50.
If you are anticipating a move out of province/country and you know the other parent is not going to consent, then you will need to seek the courts permission to move with your child. The timing of your application is important as Judges do not like to disrupt a child’s academic year. Many mobility cases are heard in August. In fact, the Nova Scotia Supreme Court (Family Division) reserves a portion of the month of August to specifically hear mobility issues.
So, if you are planning to move with the children, don’t wait too long or it may be too late.