Mobility is the right of a parent with custody to relocate with their child/ children. This relocation can be to a new city, new province or new country and can be for a number of reasons such as a new job or to be closer to family / support systems. The parent who does not have custody will have to agree to this relation. As such, if the non-custodial party does not agree to the move, the parent who is moving will need to bring a mobility application or attend mediation / arbitration.
In order to be successful in a application there is a two step test that will apply: (1) you will need to establish that there has been a material change in circumstance to you or the Children; and, (2) that the move and the change in the parenting arrangement is in the best interests of the Children. The Court or Arbitrator will only go on to the second part of the test if a material change is established.
It is important to note that there is no one test applied when the Court is considering the best interests of the Children. The safety, wellness, connection to the community, relationship with each parent, relationship to siblings and their voice and other relevant factors are all factors that a Court may take into consideration. It is important to note that:
How to Prepare for a Mobility Application
If you are wishing to pursue a Mobility Application, it would be very beneficial for your legal counsel to understand (a) what your concerns are with the children staying in their current situation; (b) why you believe the Children moving to a new location is in their best interest and (c) the impact on siblings if they were to be broken up. As well, it is a good idea to start making a list of the following:
If you are considering relocating with your children, connect with us today to learn more.