We have a parenting agreement or court order, can I move to a different community with the children?
a. The Family Law Act provides that a parents in such circumstances provide the other parent with 60 days’ notice of their intended move, and the other parent will have 30 days to bring an application to the court to prevent that move.
b. If the move is opposed, several factors will be relevant to whether the court will act to prevent the proposed move, including but not limited to whether the children lived primarily with the moving parent or whether it was an approximately equal arrangement, and the plan for the other parent to continue to be involved in the children’s lives. If the present arrangement was that the children were shared between the parties on an approximately equal basis, the person proposing the move will have a more difficult case to meet.