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Family with Tablet

Family Law

RELOCATION

 

Relocation refers to the process of one parent moving to a different city, province, or country, which can significantly impact custody and parenting arrangements. In British Columbia family law, relocation cases are legally complex and emotionally sensitive, as they directly affect the best interests of the child and the rights of both parents. At Skyline Law Corporation, our family lawyers in Surrey and Vancouver provide expert legal guidance to help parents navigate relocation disputes and custody modifications.

 

Key Considerations in Relocation Cases

 

​Legal Framework

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  • Under the BC Family Law Act, a parent must consider the best interests of the child when making a relocation decision.

  • If a parent plans to move with the child, they may need consent from the other parent or a court order.

​Consent​​​​​

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  • Parents should communicate openly and try to reach a mutual agreement about the move.

  • If both parents consent, they can modify the custody and access arrangements accordingly.

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Court Involvement

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  • If the other parent does not consent to the relocation, the moving parent may need to seek a court order.

  • The court will assess various factors to determine whether the relocation is in the child's best interests, including:

    • The reasons for the move

    • The impact on the child's relationship with both parents

    • The child's needs and wishes (depending on age and maturity)

    • The feasibility of maintaining a meaningful relationship with the non-relocating parent
       

Best Interests of the Child

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  • The paramount consideration in relocation cases is always the best interests of the child. Courts will consider:

    • The stability and continuity of the child's living situation

    • The emotional and developmental needs of the child

    • The potential benefits of the move (e.g., better schools, family support) versus the potential disruption (e.g., loss of time with the non-relocating parent)
       

Impact on Custody and Access:

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  • A relocation can change existing custody agreements and require new parenting schedules.

  • Courts may adjust visitation rights to ensure the non-relocating parent maintains a meaningful relationship with the child.


How We Can Help

Relocation can be one of the most challenging legal issues in family law. Whether you are a parent seeking to move or one opposing a relocation, it is critical to understand your legal rights. At Skyline Law Corporation, we:

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  • Advocate for your parental rights in relocation cases.

  • Help negotiate custody modifications.

  • Provide representation in court for contested relocation cases

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If you are planning a move or facing a relocation dispute, contact our family law lawyers in Surrey and Vancouver for a consultation at https://www.skylinelaw.ca/contact-us

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