Legal Question in Family Law in Canada

Re: Moving

This reply is applicable ONLY to British Columbia; as the website notes, this firm accepts B.C. inquiries only and therefore if you and the children do not live in B.C. this advice will likely NOT apply to you. In B.C. there is no set rule; each case is different and depents on the access now provided to the father, what access arrangements can be made if you do move, your willingness to provide them (such as fewer access periods but for longer times), if you do marry your fiance (the court will give more consideration to a move if you are a stable, committed couple than if you are just engaged), your own job prospects, whether or not your fiancee has a firm job offer or if prospects are just "better", your willingness to contribute to the extra costs of the father having access from a distance (i.e. your willingness to provide or contribute to air transport or for other transport of the children to visit their father, etc.). The court's overriding concern will be the childrens' best interests, which usually means ensuring that they have frequent, meangingful contact with their father. If the move is primarily designed to separate the children and their father and make access more difficult, the chances of a move being permitted are not good. If you sign an agreement or agree to a court order providing access and have a move in the back of your mind, and then want to move, you are unlikely to get much sympathy from the court because you have to be up front about such things from the outset. There are many more factors that could play a role, but without knowing the specifics a more exact answer is not possible. Again please be aware that this advice is ONLY for B.C.; in some jurisdictions it may be much easier to move and in some it may not be permitted at all, and in any event, no matter where you live, you should consult a lawyer for exact advice as it pertains to your particular circumstances.