Mobility Applications in Alberta
In Alberta, termination of a relationshipbrings challenges, particularly when children are involved. A significant issue that may arise during or after a separation is the question of mobility. Mobility applications are made when a parent wishes to relocate with their child to another province or country. At OP Lawyers LLP, we understand challenges that are ahead for a parent that wishes to pursue a relocation with their children.
Understanding Mobility Applications
Under the Divorce Act and the Family Law Act in Alberta, a parent seeking to relocate must provide notice to the other parent. When a parent intends to move, this can create concerns with respect to access and parenting time for the other parent. Mobility applications seek to address these concerns, allowing a court to evaluate the reasons behind the move and its potential impact on the child’s well-being. The key issue for the court will be the best interest of the child and the impact of the move. At OP Lawyers, our expert Calgary family lawyers understand the uncertainty faced with respect to mobility applications and can provide you guidance on the complexities of the law.
When a mobility application is made, the court’s sole objective is to assess what is the best interest of the child, not whether a parent is allowed to move. The presumption will be that that one parent will move and the other will remain. The court will determine whether it is in the best interest of the child to remain in Calgary, or relocate with the parent seeking the mobility application.
Important Considerations
Best Interests of the Child: The main consideration in any mobility application is the best interests of the child. Factors such as the child’s history of care, emotional and developmental needs, the relationship with both parents, and the potential benefits or harms associated with the move. The court will assess the best interest of the child and the factors relevant under the Divorce Act and Family Law Act.
Impact on Parenting Time: The court may consider how the proposed move will impact the child’s current parenting arrangements, whether the parent seeking to relocate is the primary parent or the parenting time being proposed for the parent that is not relocating.
Reasons for the move:While this may not be determinative, the parent seeking to relocate must provide valid reasons for the relocation. This can include job prospects, improved living conditions, access to family supports or new relationships.
Impact on the child: The court will look at the impact of the move on the child and the arrangements that are going to be in place after a parent has relocated with the move. This can include arrangements for school, childcare, medical/health coverage. The courts will also assess the child’s network here in Calgary and loss of potential relationships, including those of close family members and friends. Generally, the younger the child, the less weight the court may give to the child’s network here in Calgary.
The Process
- Notification: The other parent must be notified about the potential move, providing an opportunity to consent or dispute the relocation.
- Filing the Application:If the move is disputed, the parent seeking to move must bring an application before the court to be heard via oral evidence.
- Oral Hearing: A hearing will be scheduled where both parties can argue their position in accordance with the best interest of the child. Evidence, including expert opinions (e.g., child psychologists), may be submitted as support. In some circumstances, the courts may allow other witnesses that have a significant relationship with the child. However, in most cases, due to the urgency of the proposed relocation, the courts may limit the number of witnesses to the parties so that the hearing can be scheduled in a timely manner.
- Decision:Upon hearing the evidence, the presiding Justice will make a decision focusing on the best interests of the child. This decision may include conditions on how the relocation will be managed or the requirements for the parent time for the parent that remains in Calgary. Our team will be there to support you throughout this process, offering guidance on potential outcomes and necessary adjustments to parenting arrangements.
Our Compassionate Legal Team in Calgary
At OP Lawyers LLP, we pride ourselves on our client-centered approach. We understand the emotional turmoil that comes with mobility applications and the uncertainty parents face in the courts. Our compassionate lawyers are dedicated to providing clear communicationand support, ensuring that you feel informed throughout the proceedings. While the outcome of a mobility application ultimately rests with the presiding Justice, our expert family lawyers can provide guidance on the strength and weaknesses of your case prior to proceeding with an application.
Conclusion
Relocating during or after a divorce or separation can be a complex and challenging experience. At OP Lawyers LLP, we emphasize the importance of prioritizing the best interests of the children while providing well rounded legal support. If you have any questions or need assistance regarding mobility applications or any family law matters, our experienced team is here to help you navigate the complexities of the court system.
Disclaimer: This blog post is intended for informational purposes only and does not constitute legal advice. For advice specific to your circumstances, please consult a qualified family lawyer at OP Lawyers LLP or another legal professional.