Relocating with Children After Divorce: Legal Requirements

Moving with children after divorce requires careful consideration of legal requirements and parental rights in Alberta, Canada.

Parents must understand that relocating with children post-divorce isn’t as simple as packing up and leaving – there are specific legal procedures that must be followed.

This quick guide outlines the essential requirements for relocating with children after divorce in Alberta, helping parents navigate this complex process while maintaining legal compliance.

Legal Requirements for Relocation

• Written notice to the other parent at least 60 days before the planned move
• Details about the new location, moving date, and proposed changes to parenting arrangements
• Court approval if the other parent objects to the move
• Updated parenting agreement or court order reflecting the new arrangements

Steps to Follow Before Moving

1. Review your current parenting order or agreement
2. Consult with a family lawyer
3. Prepare written notice for the other parent
4. Document all communication regarding the move
5. Gather evidence showing the move benefits the child

Best Interests of the Child

Alberta courts prioritize the best interests of the child when considering relocation requests.

• Educational opportunities in the new location
• Impact on relationships with both parents
• Child’s established community connections
• Reasons for the move
• Proposed parenting schedule after relocation

Legal Assistance and Resources

Contact information for legal support in Edmonton:

• Alberta Law Society Referral Service: 1-800-661-1095
• Edmonton Legal Aid Office: 780-427-7575
• Family Law Information Centre: 780-415-0404

Moving Without Permission

Moving without proper authorization can result in serious legal consequences:

• Court orders to return the child
• Changes to custody arrangements
• Legal fees and penalties
• Potential criminal charges under certain circumstances

Next Steps for Parents Planning to Relocate

Schedule a consultation with a family lawyer to review your specific situation and develop a legal strategy.

Contact the Alberta Courts at 780-422-2200 to learn about filing requirements for relocation applications.

Begin documenting all aspects of your planned move to support your case if contested.

Financial Considerations

Relocating with children after divorce often involves significant financial planning and documentation:

• Cost of living comparison between locations
• Employment opportunities and income changes
• Moving expenses and housing costs
• Travel expenses for maintaining parental contact
• Changes to child support arrangements

Communication Strategies

With the Other Parent

• Maintain professional, documented communication
• Use email or approved family law communication apps
• Focus discussions on children’s needs
• Provide regular updates about planning progress

With Children

• Age-appropriate discussions about the move
• Listen to their concerns and preferences
• Maintain positivity about both parents
• Discuss ways to stay connected with the other parent

Making the Transition Smoother

• Research schools and activities in advance
• Set up counseling support if needed
• Create a detailed transition timeline
• Establish new routines early
• Maintain familiar elements from their previous home

Building Your Future While Respecting Rights

Success in relocating with children after divorce depends on careful planning, legal compliance, and maintaining focus on children’s well-being. Ensure all legal requirements are met, maintain open communication with all parties, and document every step of the process.

Remember that courts will evaluate relocation requests based on demonstrated planning, consideration of children’s needs, and willingness to facilitate ongoing relationships with both parents.

For additional support, consult with family law professionals and access community resources to ensure a smooth transition for everyone involved.

FAQs

1. What is the legal requirement for relocating with children after divorce in Alberta?
   In Alberta, the relocating parent must provide written notice to the other parent at least 60 days before the proposed move. The notice must include the date of the move, new address, and contact information.
2. Do I need court permission to relocate with my child in Alberta?
   Yes, if the other parent objects to the relocation, you must obtain court permission before moving. If both parents agree, you can proceed with a written agreement.
3. What factors does the Alberta court consider when evaluating a relocation request?
   Courts consider the best interests of the child, including existing custody arrangements, relationship with both parents, child’s ties to community, educational opportunities, and impact on parenting time.
4. What happens if I relocate without proper notice or court approval?
   Moving without proper notice or court approval can result in serious legal consequences, including contempt of court charges, modification of custody orders, or being ordered to return the child.
5. Can the non-relocating parent prevent the move?
   Yes, the non-relocating parent can file an objection with the court. The relocating parent must then prove the move is in the child’s best interests.
6. How is parenting time typically adjusted after a permitted relocation?
   Courts often modify parenting schedules to accommodate distance, potentially including extended holiday visits, regular video calls, and longer summer stays.
7. Who bears the additional travel costs after relocation?
   Travel costs are typically addressed in the court order and often shared between parents, though the relocating parent may bear a larger portion.
8. Is there a maximum distance I can move with my child within Alberta without requiring notice?
   Any move that significantly impacts the other parent’s ability to exercise parenting time requires notice, regardless of distance. Generally, moves within the same city or immediate area may not require formal notice.
9. How does international relocation differ from moving within Canada?
   International relocations face stricter scrutiny and may require additional legal documentation, compliance with international laws, and considerations for passport and travel restrictions.
10. What role do children’s preferences play in relocation decisions?
    The court may consider mature children’s preferences, but this is just one factor among many. The weight given to children’s wishes depends on their age and maturity level.