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Mobility issues, such as parental mobility rights and child relocation, are a complex area of family law.

Generally speaking, “mobility” describes the circumstances when one parent wants to relocate with the children which, in turn, would disrupt the other parent’s access with the children. There are numerous reasons why a parent may wish to relocate, such as job and career changes, employment and educational opportunities in another jurisdiction, and romantic involvement with a person who lives in a different city or province.

Mobility disputes can include any of the following:

How to Relocate

To relocate, the relocating parent requires the consent of the access parent or approval of the courts. Various factors are considered by the courts including the existing custody arrangement, the reason of the relocation, the distance, and the impact on the access parent’s relationship with the children. These factors are considered on a case-by-case basis. As with all custody and access issues, the guiding principle is the best interests of the child.

Why Gilbertson Davis LLP?

We ensure your relationship with your child is preserved. We can represent parents who want to relocate and access parents who contest the proposed move. Our experienced and knowledgeable counsel can assess your rights and options for relocation, how your current court order or agreement affects your mobility rights and whether the proposed relocation requires court involvement.

Contact us for an initial consultation.

This page contains general legal information only and should not be construed or relied upon as legal advice for your unique situation. If you require legal advice, please request an initial consultation with Gilbertson Davis LLP using the Request Consultation Form on this webpage or by contacting our Intake Coordinator on (416) 979-2020, ext. 223 (both subject to the Terms of Use described on our Contact page).