mobility clause in ontario for divorce family law

Importance of Mobility Clause in An Agreement

A separation agreement is a legally binding agreement between two spouses which addresses the issues of property, support, access and custody.  One vital clause that is occasionally overlooked in a separation agreement is the issue of mobility.

It is very important that the issue of mobility is addressed in a separation agreement. Mobility involves the question of a parent’s right to be able to relocate from his or her current jurisdiction with the child, to another jurisdiction. A mobility clause can prevent and ultimately stop the custodial parent from relocating to another jurisdiction. Without this clause, the custodial parent can potentially relocate to any jurisdiction and at any time.

The mobility notice clause generally requires the custodial parent to provide the access parent with a certain amount notice in the event of a change in the child’s permanent residence. Providing enough notice will allow the access parent sufficient time to bring a court application to challenge the relocation or seek a variation of the access and custody arrangements. Without a mobility notice clause inserted into a separation agreement the access parent is limited in their ability to prevent the custodial parent from relocating with the child and in a short period of time.

Mobility clauses may also restrict a custodial parent from relocating outside a certain jurisdiction or a certain kilometer radius of where they are currently residing. This will allow the access parent to ensure that their parenting schedule will be maintained, especially pick up and drop offs to school and weekday visits, which may not be possible if the child lived too far away.

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