Relocating with Children After Separation in Alberta: What You Need to Know

After a separation or divorce, one of the most significant challenges parents face is deciding where they will live with their children. Whether you’re considering relocating within Alberta, to another province, or internationally, it’s important to understand how these moves impact custody arrangements and what legal steps need to be taken. In Alberta, the courts prioritize the best interests of the children, and this principle will guide decisions regarding relocation.

In this blog, we’ll cover the legal considerations for relocating with children after separation, including how shared custody, joint custody, and split custody arrangements affect your ability to move, and what you should do if you’re planning a move.

Relocating with Shared Custody or Joint Custody in Alberta

If you have a shared custody or joint custody arrangement, relocating can be a complex legal process. Shared custody means both parents have significant parenting time and decision-making authority, which makes relocation particularly sensitive.

In Alberta, under the Family Law Act and Divorce Act, a parent with joint or shared custody must either:

1. Obtain the consent of the other parent, or

2. Get permission from the court if the other parent does not agree.

The parent seeking to relocate must give at least 60 days’ notice to the other parent, outlining the intended move, unless both parents have agreed otherwise in writing. The other parent then has 30 days to object to the move. If there is no agreement, the courts will step in to decide whether the relocation is in the best interests of the child.

Key Factors the Court Considers:

– The best interests of the child: This is the overarching factor. The court looks at how the move will impact the child’s relationship with both parents and their overall well-being.

– Parental involvement: How much time each parent spends with the child, and how the move might disrupt this arrangement.

– Quality of life: Whether the move will enhance the child’s quality of life in terms of education, family support, and economic stability.

– Feasibility of maintaining relationships: The court will consider whether meaningful relationships with the non-relocating parent can be maintained through visitation or other means.

Moving with Children After Divorce Within Alberta

Relocating within Alberta, whether to a different city or region, still requires consideration of custody arrangements. Even if the move is within the province, if it significantly impacts the current parenting schedule (e.g., a move from Edmonton to Calgary), it may require the other parent’s consent or court approval.

Parents should consider how the relocation will affect their child’s schooling, extracurricular activities, and relationship with the non-relocating parent. If the parents have split custody (where one parent has custody of one or more children, while the other parent has custody of the remaining children), this can further complicate relocation.

Intra-Provincial Moves

– The relocating parent must still follow the notice requirements outlined in the Divorce Act.

– Both parents should work together to adjust visitation schedules, considering the child’s best interests.

– If the move is contested, the court will intervene and decide based on the same factors as international or interprovincial relocations.

Moving with Children Across Provincial Boundaries (Interprovincial Moves)

If you are planning to move out of Alberta to another province, similar rules apply as with any relocation. However, the court may take a closer look at the feasibility of maintaining relationships, as the distance between provinces could significantly impact parenting time and communication.

For instance, moving from Alberta to British Columbia or Saskatchewan might make regular in-person visits challenging. Parents should consider how practical it is to travel between provinces, and whether arrangements like extended holidays or virtual communication can support the child’s relationship with the non-relocating parent.

Shared Custody and International Relocation

Relocating internationally with children under a shared custody or joint custody arrangement is typically the most challenging scenario. The courts in Alberta are particularly cautious about approving international moves, as these can greatly affect the non-relocating parent’s ability to maintain a relationship with the child.

If you are seeking to move internationally with your child, you will need:

1. The consent of the other parent, or

2. A court order allowing the relocation.

The courts will assess whether the international move is in the best interests of the child, considering similar factors to domestic relocations but with added scrutiny on:

– The distance and time zone differences that could hinder communication.

– The legal and political stability of the destination country.

– The feasibility and costs associated with visitation (e.g., travel expenses, time off work).

If the non-relocating parent strongly objects, the courts may be reluctant to grant permission for the move, especially if the relocation could severely limit their ability to maintain a close relationship with the child

Relocating with Primary Care (Sole Custody)

If you are the parent with primary care (sole custody), the relocation process remains largely the same. Although you have greater day-to-day decision-making authority, you are still required to provide the other parent with 60 days’ written notice before moving, and the non-custodial parent has the right to object within 30 days, which initiates a court process.

While having primary care can strengthen your case for relocation, the courts will still prioritize maintaining the child’s bond with both parents.

Legal Steps to Take Before Relocating

If you are considering relocating with your children after a divorce or separation, it’s essential to:

1. Communicate with the other parent: Ideally, both parents should try to reach an agreement about the relocation.

2. Seek legal advice: If you’re unsure about your rights or how to proceed, consulting with an experienced family lawyer can help you navigate the complexities of relocation.

3. Prepare for court: If the other parent does not agree to the move, you will need to file a motion with the court and present evidence that the relocation is in your child’s best interests.

Conclusion: Moving with Children After Separation Requires Careful Planning

Relocating with children after separation or divorce is never a simple process, especially when shared or joint custody is involved. Whether you’re moving within Alberta, across provinces, or internationally, the key to success is demonstrating that the move is in the best interests of your child. Always remember to give proper notice, seek consent, and be prepared to adjust parenting schedules accordingly.

If you’re facing a relocation issue, Jaswal Law can provide expert advice on how to navigate custody disputes and relocation cases. We’re here to help parents in Beaumont, Edmonton, Leduc, and surrounding areas understand their rights and make the best decisions for their families.