Relocation Cases and Child’s Best Interest: Key Factors Judges Consider

Relocation

Relocation cases are inherently complex and involve multiple considerations. There are typically two parties: one seeking to relocate and the other wishing to stay. Each side presents valid arguments. An application to vary a court order may be initiated by the party wishing to relocate, while the opposing party may seek to prevent the move.

A key question is whether the judge should rule in favor of the party wishing to relocate or the party wanting to remain. It’s important to clarify that being the primary caregiver does not automatically grant full authority in this matter. The predominant factor is the best interest of the child.

When evaluating a relocation request, the judge will consider:

The bond between the primary caregiver and the child.
The relationship between the child and the other parent.
The benefits or drawbacks of maintaining contact with both parents.
The child’s views, if age-appropriate.
The caregiver’s reasons for relocating and how these reasons align with meeting the child’s needs.
The potential impact of moving to a new school and community.
The potential benefits of changing the primary caregiver.

If parenting time is equally divided, the party intending to relocate must demonstrate that the move serves the child’s best interest. Conversely, if the child spends the majority of their time with the relocating parent, the other party must prove that the relocation is not in the child’s best interest.

The relocating party should provide a written notice of at least 60 days, including:

Reasons for the move
Proposed dates
Contact information
A proposed parenting plan

In cases where parenting time is not equally shared, the court will need to weigh the benefits of the child staying with the caregiver in a new location against the potential advantages of changing the primary caregiver.

For legal advice, please consult with a lawyer. If an agreement can be reached between parents, court intervention may not be necessary.

Daniel Mandelbaum

CERTIFIED FAMILY MEDIATOR – JUSTICE INSTITUTE OF BRITISH COLUMBIA

I discovered that I was born to mediate and collaborate, as I was – and still am – the individual that my friends and family call on to resolve any conflicts that may arise.