Move away cases occur when one parent, usually the custodial parent, chooses to move to a location that either severely limits or eliminates the other parent’s ability to have contact with the children. This might happen if, for example, the mother has custody of the children and lives in Edmonton, and decides to move back to Toronto to be with her family and wants to bring the children with her. It is unlikely that due to the distance, cost of airfare, hotels and other issues that the father would be able to continue with the visitation schedule previously agreed to in court. It is also unlikely that Dad would willingly choose to move to Toronto himself, although this may be an option that could be explored in mediation.
The Conflict
One of the biggest conflicts with move away cases is it truly is a win-lose situation. Many adults see the divorce as a time to return to their homes or to move to a completely different community or area to get a new start or to do something they couldn’t do when they were married. The problems arises because their move no longer impacts just themselves and their children, it also impacts the other spouse, and...
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