Legal Question in Family Law in Canada
Moving the Children
How far can my ex legally move my children away from me in Ontario? She is primary caregiver but we have joint custody.
1 Answer from Attorneys
Re: Moving the Children
These days, It is getting more difficult for a parent with custody to move far away from the parent with access or joint custody, as the moving may impact on the interest of the children in terms of their wishes to access the other parent whom the children are not living together.
If it is in the same province, it is less likely that the moving itself will have significant impact on the children's wishes to see the other parent such an extend that the children's best interest will be undermined.
This is so since it is considered reasonably available option for a parent to travel to see their children living in different city in the same province.
However, if the children are moving to other province or country, the custody issue may be reviewed by the court upon the party's request.