Before you pack up your belongings and kids and move to a new home, it is important you understand the legal implications of moving after a divorce when there are children involved. It is in your best interest to consult with a family lawyer in Toronto at Kain & Ball Family Law Lawyers to find out your parental mobility rights and obligations.
Depending upon the nature of your child custody and visitation agreements, there are several things you might have to do before you can move and relocate to a new home with your children, including, but not necessarily limited to:
Get Permission to Move From the Other Parent
If you are moving a long distance away from the other parent, whether it is in the same province, different province, or internationally, you need to confirm the other parent is in agreement with the move. Otherwise, the other parent has certain legal rights, like requesting through their lawyer and court to block the move. Keep in mind the other parent might not get to see their kids as often or there might need to be a modification made to the visitation agreement in order to accommodate your move request.
Sell the Marital Home
If you are currently living in the marital home, there could be a stipulation in your divorce and settlement agreement where you have to sell the home and split the proceeds of the sale with your ex-spouse. Simply selling the home, pocketing the proceeds and moving away would violate the agreement and give your ex-spouse certain legal rights to file against you in court
Request Modifications to the Current Child Support, Child Custody and Visitation Agreements
Depending on where you are moving and the reasons why, like you are re-entering the workforce and have a new job or want to move closer to your family, often require these agreements be reviewed and adjusted accordingly so both parties are in agreement and your ex-spouse will agree to let you move with the children. In addition, if you are receiving spousal support, this amount may also need to be updated to reflect changes in your earnings.
If you fail to find out your legal responsibilities before you move, it could result in legal action being taken by the other parent. You could risk losing custody of your children, be required to move back to the Greater Toronto Area, and more. Not to mention the added costs and expenses you would incur.
Even in cases where you have sole custody, it does not hurt to get a professional legal opinion before you move from our family law firm in Toronto. Remember, the court’s primary focus, when dealing with children in divorce matters and custody, is determining what is in the best interest of the children.
Keep in mind the above information is provided for reference purposes only and should not be viewed as actual legal advice. For actual legal advice, schedule a consultation appointment with Kain & Ball Family Law Lawyers by phoning 905-273-4588 today. We’d be happy to discuss your parental mobility rights.