Moving During or After Divorce
If you are going through a divorce, you may be wondering whether you can move during or after the process has been finalized. The short answer is yes; however, the circumstance of your divorce will determine the rules you must follow.
Moving without children during or after divorce
It is common for one or both spouses to move out of their marital home during a divorce. If this is the case in your divorce, there should be no issues if your new home is within the jurisdiction of the county court that is hearing your case. Still, you will need to update your address to ensure you receive important court documents.
If you are planning a major relocation, however, that might complicate your case. If you are moving from Toronto to Vancouver, for example, you cannot expect the case to move with you, especially if your spouse still lives in the old jurisdiction. The original court has the right and obligation to the case, even if you are the one who filed it. Your spouse also has the right not to be asked to travel to a distant location whenever there is a court date. For that reason, it may be wise to delay any major moves until the divorce is finalized. If not, you will need to travel back to your old town on your court dates unless the other party agrees to move the case to another court.
Moving with children during or after divorce
Moving is a little more complicated when there are children. Even moving to a new school district is an upheaval that you should try to avoid. And if the other parent is involved in your children’s lives, the decision to move a significant distance away is not one that you should make lightly.
If you have a joint-custody and visitation agreement and the other parent objects to you moving out of the province or country, you may require a court order to relocate. A court order will be required since custody and visitation agreements are legally binding documents which outline when and where each parent will have a legal right to see the children. Moving to a distant location will affect that schedule and as such, the agreement must be updated.
If you have sole custody of your children, it does not necessarily mean the process of relocating will be much simpler than if you had shared custody. A parent with sole custody has the legal right to make decisions about where the children will live and how they will be raised without needing to consult the other parent. But based on the visitation rights of the other parent, the custodial parent may require a move-away order before they can move to a new location which is far enough that the non-custodial parent may no longer have access to the children. You will need to file a motion in court to inform the other parent of your intention to relocate and give them a chance to object. If they do object, you may need to argue your case for relocating in court.
Are you searching for a divorce lawyer in Toronto?
If you are planning to move during or after your divorce, you should consult a divorce lawyer and let them help you to make the process as smooth as possible, especially if you have children.
If you are searching for a divorce lawyer in Toronto, contact us at Baker and Baker Family Law. At Baker and Baker Family Law, our Toronto divorce lawyers will guide you through your legal matters as efficiently and effectively as possible and use their experience and skills to find you solutions that will save you not only time and money but also a great deal of trouble.
So, do not hesitate. Give us a call today to schedule a free legal consultation.