The new changes to the Divorce Act attempt to explain specific factors that should and should not be considered by the court on a mobility (relocation) application. The main components of the new framework are as follows:
1.It requires a parent wishing to relocate with the children to provide 60 days’ notice in writing to the other parent of their desire/intention to relocate. The other parent then has 30 days to object to such relocation.
The Court reviewing the issue of relocation will have to consider the following:
1.Reasons for the relocation;
2.Impact of the relocation;
3.Amount of time spent with the child by each person who has parenting time;
4.Whether notice was provided;
5.Orders or agreements specifying geographic area;
6.Reasonableness of the proposal; and
7.Compliance with family law obligations.
