An area of family law that has garnered a lot of attention in recent years has been the issue of relocation. When one parent wishes to move with a child, should the Court allow this? In Nova Scotia, prior to the introduction of the Parenting and Support Act in 2017 (previously known as the Maintenance and Custody Act) and the amendments to the Divorce Act in March of 2021, the Courts only had case law to rely on. That is – Courts relied on previously reported decisions. There was little legislative direction, which created significant uncertainty in the area.
What the Parenting and Support Act and the Divorce Act says
With the introduction of the Parenting and Support Act and the amendments to the Divorce Act, there is new guidance on this issue. Of particular note, are the notice provisions that now exist when one parent seeks to relocate with a child. Under both pieces of legislation, 60 days’ notice is now required from the moving parent. Failure to provide such notice can have consequences, and so it is important to be mindful of this when considering a relocation.
When considering any parenting arrangements, the paramount consideration has always been what is in the best interests of the child. The issue of relocation offers unique considerations when contemplating the best interest test. The Parenting and Support Act and the Divorce Act now offer additional factors to consider that have been legislatively defined. Under the Parenting and Support Act, these can be found at s. 18H(4) and under the Divorce Act, these can be found at s. 16.92(1). Perhaps one of the most notable changes is that the Courts are now permitted to consider the reason for the relocation, whereas previously the Courts were directed not to do so.
Let family lawyers help you navigate your relocation with a child application
Relocation can be a very complex Court application to make. There are specific procedural steps, and evidence that must be provided to the Court. For example, your parenting arrangement will determine which parent has the burden to prove to the court that the relocation should, or should not, be allowed. These can be difficult waters to navigate. The experienced family lawyers here at Lenehan Musgrave can help you navigate your way through. Contact our family lawyers today or book your initial consultation.
