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Can a parent move children with custody access orders in place?

Written by: HHLaw (View All Posts ) Published: March 12, 2020
Categorized: Family Law.
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There are many things that might prompt a parent to want to move his or her kids away from the other parent. There could be abuse involved in the relationship, the parent may have a job offer elsewhere, or he or she may want to be closer to extended family. But according to family law rules in British Columbia, no parent can make the one-sided decision to move the children if the access rights of the other parent are affected. Women are mostly affected by these situations, although not always.

If one parent consents to the other relocating with the children, the move can be made, but the consent should always be obtained in writing. A lawyer is in the position to help a client with a clause in the custody agreement or create an amendment to a custody order. It is inadvisable to go on verbal consent alone.

If a parent doesn’t consent to relocation, the other parent must go to court to prove that moving the children is in their best interests, and access to the other parent will be allowed. If the move includes safety as one of the reasons, it must be stated in a motion or an application. Proof must be provided, such as evidence of calling police, or protective orders.

Custody and access orders are in place for a reason. When one parent wants to relocate children, it is best he or she speaks with a lawyer experienced in British Columbia family law. A lawyer may be able to review a client’s individual case and offer advice and guidance based on the circumstances.

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