In today’s fast-paced world, job opportunities may arise that require a move to a new city, province, or even a different country. This can be particularly challenging for parents who share decision-making and parenting time with their children. While moving for work is a significant decision, it can also raise legal questions, particularly for parents navigating decision-making responsibility (custody) and parenting time. In Alberta, the law provides guidelines on how such moves should be handled when children are involved, balancing a parent’s professional obligations with their duty to maintain a stable, nurturing environment for their child.

This blog will explore what happens if you need to move for work, whether you can take your child, and how to manage the legal and practical considerations of relocating with children in Alberta.

Legal Considerations When Moving for Work

In Alberta, family law governs the rights and responsibilities of parents in situations like moving for work. The Family Law Act and the Divorce Act are two key pieces of legislation that address parental relocation. They provide the legal framework parents must follow when one parent wishes to move with the child.

If you have a formal decision-making agreement, court order, or parenting plan, it is important to recognize that any move that affects your child’s living arrangements or your co-parenting relationship may require legal approval. The parent wishing to relocate must ensure they comply with the terms of the existing decision-making agreement, as moving without proper consent or going through the appropriate legal processes can lead to complications and potential legal disputes.

Decision-Making and Parenting Time Arrangements

In Alberta, decision-making and parenting time arrangements are determined in the best interests of the child. The law recognizes that a child’s stability and well-being are paramount and must be considered when one parent wishes to relocate. This includes factors like the child’s emotional, physical, and psychological needs and the impact the move will have on their relationship with both parents.

When one parent wishes to move for work, the existing arrangements may be affected. If the parents share joint decision-making, the parent wishing to move may need to seek the other parent’s consent. If the parents disagree on the move, the situation may need to be resolved through legal channels.

If a parent moves without consulting the other or without a court order, it may be considered a violation of the parenting plan. This can lead to legal consequences, including the possibility of modifying the decision-making and parenting time arrangement or even the child’s return to the non-relocating parent, depending on the circumstances.

Seeking Permission to Relocate with a Child

If you need to move for work and wish to take your child with you, you may be required to obtain permission from the other parent or the court, depending on the circumstances. The process typically involves:

1. Notifying the Other Parent: Alberta family law requires that the parent intending to move with the child notify the other parent of the move, including details such as the reason for the move, the new location, and how the move will affect the child’s routine. Ideally, this notice should be provided in advance to allow the other parent time to assess the situation and discuss possible adjustments to the decision-making agreement.
2. Seeking Consent: In many cases, the parent wishing to relocate must obtain consent from the other parent. If the other parent agrees, both parties can negotiate and amend the arrangement. The move will then proceed without the need for further legal intervention.
3. Court Application: If the other parent disagrees with the move, the parent wishing to relocate may need to apply to the Alberta courts for permission. The court will assess the child’s best interests, considering factors such as the reasons for the move, the child’s relationship with each parent, the impact on the child’s life and well-being, and the proposed parenting arrangement after the move.

The Court’s Role in Relocation Disputes

If the parents cannot agree with the move, the matter may be brought before a judge in family court. The judge will decide based on the child’s best interests and weigh several key factors in determining whether relocation is appropriate. These factors may include:

• The reason for the proposed move: Courts will consider whether the move is in the best interests of the child or whether it is being made for an inappropriate or selfish reason, such as to limit the other parent’s access to the child.
• The child’s relationship with both parents: The court will assess the impact of the move on the child’s relationship with the non-relocating parent, including the feasibility of maintaining a meaningful relationship despite the distance.
• The child’s emotional, psychological, and developmental needs: The court will consider the child’s age, emotional connection to both parents and how the move will affect their well-being.
• The child’s preference: If the child is of sufficient age and maturity, the court may take into account the child’s preferences, although this is just one factor among many.
• The feasibility of maintaining a parenting relationship: Courts will assess the practicality of maintaining a meaningful relationship with the non-relocating parent, including the costs of visitation, travel arrangements, and the impact on the child’s schooling and social life.

Ultimately, the court’s decision will be based on what is in the best interests of the child, which is the primary concern in any family law matter in Alberta.

Modifying Decision-Making and Parenting Time Arrangements

If the court grants permission for a parent to move with a child, the court may modify the existing decision-making and parenting time arrangements. This could involve adjusting visitation schedules, creating long-distance parenting plans, or addressing the logistics of maintaining a relationship between the child and the non-relocating parent.

Sometimes, the non-relocating parent may be awarded more frequent or extended visitation during school holidays or summer breaks to compensate for the distance. The court may also require the relocating parent to cover some of the travel costs associated with the child visiting the non-relocating parent. In all cases, the goal is to maintain a meaningful relationship between the child and both parents, even if they are geographically separated.

What If the Other Parent Refuses to Agree to the Move?

If the other parent refuses to consent to the move and the matter cannot be resolved amicably, it may be necessary to pursue a court application for permission to relocate. The process can be time-consuming and emotionally challenging, but it is important to follow the proper legal procedures to avoid complications.

In some cases, alternative dispute resolution methods, such as mediation or collaborative family law processes, may be possible to resolve the dispute. These approaches allow both parents to work together to find a solution for everyone, including the child, without resorting to a lengthy and expensive court battle.

Parents Must Follow Alberta Family Law Rules

Moving for work while sharing decision-making arrangements is a complex situation that requires careful consideration of the child’s best interests and adherence to legal procedures. In Alberta, parents must follow the legal framework set out in the Family Law Act and Divorce Act, and in most cases, must seek the consent of the other parent or a court order before relocating with a child. By understanding the legal implications and approaching the situation thoughtfully, parents can ensure that their move is carried out in a way that is fair, equitable, and in the best interests of the child.

Calgary and Strathmore Family Lawyers Advising Clients On Parenting Matters

If you are facing a potential relocation and need guidance on navigating the legal process, consulting with a family lawyer experienced in Alberta’s family law system is essential. At Getz Collins and Associates in Calgary and Strathmore, our family law lawyers can help you understand your rights, protect your interests, and guide you through relocation with your child. We provide tailored, cost-effective family law solutions, offering comprehensive and unbundled services. Serving Calgary, Strathmore, and numerous Alberta communities, including Drumheller, Chestermere, and Hussar, we invite you to reach out for a confidential consultation at 587-391-5600 or through our contact form.