Planning on moving from BC with your child? What to do when considering relocation
The process for relocating with a child to another province under the Family Law Act in British Columbia can be complex and it is strongly recommended to seek legal advice and assistance in order to ensure that your rights and the rights of your child are protected, and to help you navigate the process. Here are the general steps for relocating with a child under the Family Law Act in British Columbia but keep in the mind process is different if you want to handle it in the Provincial Court of British Columbia or in the Supreme Court of British Columbia:
Provide notice of the proposed relocation to the other parent and any other person who has custody or access rights to the child. The notice must include the following information: the new address and telephone number of the parent and the child, the date of the proposed move, the reasons for the move, the proposed new parenting arrangements, and an offer to participate in mediation or other forms of dispute resolution.
Wait for a response from the other parent and any other person with custody or access rights. If there is no objection, the parent may proceed with the relocation.
If there is an objection, the parent wishing to relocate must apply to the court for an order allowing the relocation.
The court will consider the best interests of the child and will take into account factors such as the child's relationship with each parent, the impact of the move on the child's social and emotional well-being, and the ability of the parents to communicate and make joint decisions about the child's care.
The court will make an order allowing or denying the relocation.
Once the court order is made, the parent wishing to relocate must ensure that they comply with the order and provide the other parent with the necessary contact information and make arrangements for access and parenting time.
And if you don't provide any notice to the other parent before moving? The court can order the child's return or worse, change the current parenting arrangements in favour of the other parents. Notice is very important to the other parent, whether or not they are involved in the child's life.
It is important to note that the process can be complex and it is strongly recommended to seek legal advice and assistance to ensure that your rights and the rights of your child are protected, and to help you navigate the process. Book an appointment with one of our experienced family lawyers at SiLaw Group Family Lawyers to discuss if relocation is an option for you. Click here to book