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Difference between revisions of "Family Law Act Basics"
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Only other guardians can object when a guardian plans on moving. If a guardian objects, they have 30 days to go to court to get an order preventing the move. Remember that only a guardian can object to a proposed move! Someone who has contact can't prevent a guardian from moving. | Only other guardians can object when a guardian plans on moving. If a guardian objects, they have 30 days to go to court to get an order preventing the move. Remember that only a guardian can object to a proposed move! Someone who has contact can't prevent a guardian from moving. | ||
When a guardian objects, the guardian who wants to move must show the court that: | When a guardian objects, it becomes important whether there moving guardian and the objecting guardian share the child's time equally or almost equally, or not. There are different tests that the court will apply depending on whether the guardians have "substantially equal parenting time." | ||
If there is not substantially equal parenting time, the guardian with the greater parenting time who wants to move must show the court that: | |||
*they want to move in good faith, and | *they want to move in good faith, and | ||
*they have proposed reasonable plans to preserve the child’s relationship with the child’s other guardians, with people who have contact with the child, and with others who have an important role in the child’s life. | *they have proposed reasonable plans to preserve the child’s relationship with the child’s other guardians, with people who have contact with the child, and with others who have an important role in the child’s life. | ||
In these situations, the objecting guardian must then show that the move is not in the best interests of the child or the move <span class="noglossary">will</span> be allowed. | |||
When | When there is substantially equal parenting time, the guardian who wants to move must show the court that: | ||
*they want to move in good faith, | *they want to move in good faith, | ||
