Difference between revisions of "Changing Family Law Orders and Agreements Involving Children"

Changing Family Law Orders and Agreements Involving Children (view source)

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 ===The ''Divorce Act'' and ''Gordon v. Goertz''===
-Relocation under the ''[[Divorce Act]]'' is about applying to vary an order for custody or access. Inevitably, a move of even only a few hours away can frustrate a spouse's access to a child, and for the moving spouse to avoid being in breach of an order for custody or access, the spouse will need to apply to an order adjusting the arrangements for custody and access to allow the move. The most important case on this issue is ''[http://canlii.ca/t/1fr99 Gordon v. Goertz]'', discussed above. The reasoning from that case is roughly this:
+Relocation under the ''[[Divorce Act]]'' is about applying to vary an order for custody or access. Inevitably, a move of even only a few hours away can frustrate a spouse's access to a child, and for the moving spouse to avoid being in breach of an order for custody or access, the spouse will need to apply to the court for an order adjusting the arrangements for custody and access to allow the move. The most important case on this issue is ''[http://canlii.ca/t/1fr99 Gordon v. Goertz]'', discussed above. The reasoning from that case is roughly this:
 *The parent applying for a change in the custody or access order must first prove that there has been a material change in the circumstances affecting the child.