Custody and Divorce: 3 Steps to Moving | Legal news

According to recent data, one-third of Quebec’s children will live with a step-parent at some point in their lives. Here are 3 steps you need to follow before proceeding with a move that could affect child custody.

Analyze the impact of the move

During the divorce, decisions about custody of your children were made. These decisions will be recorded in your divorce decree. Whether you’re moving for work or personal reasons, you need to refer to this ruling and consider whether your move will affect parental leave with your children.

Let us know in writing

A divorced parent who is sharing parental leave and wishes to relocate must provide written notice to the other parent. This notification is also required if the move is within the same city or a neighboring city. It must contain the date of the move and the address of the new place of residence.

In some situations, you must use a form called “Relocation Notice”. This is when your move will seriously affect the other parent’s ability to continue seeing their children. In this notice, you must propose a new parental leave arrangement. This notice must be given at least 60 days before the move.

response to an objection

The parent receiving a relocation notice has 30 days to object to their children’s proposed relocation. In such a case, you must submit a “Relocation Objection”. The purpose of this announcement is in particular to give your opinion on the proposal to change the parental leave regulations.

If the other parent objects, you must be approved by the court to move. The court will consider several criteria when making its decision, such as the reason for your move and the impact on your children.

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