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Difference between revisions of "Changing Family Law Orders and Agreements Involving Children"
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Changing Family Law Orders and Agreements Involving Children (view source)
Revision as of 02:22, 20 May 2013
, 02:22, 20 May 2013→The rules under the Family Law Act
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The situation is much different under the ''[[Family Law Act]]''. One of the most important changes this law has introduced are new legal obligations for guardians who are planning on relocating and a new test to determine whether a guardian should relocate if another guardian objects. | The situation is much different under the ''[[Family Law Act]]''. One of the most important changes this law has introduced are new legal obligations for guardians who are planning on relocating and a new test to determine whether a guardian should relocate if another guardian objects. | ||
Here's how it works | Here's how it works. | ||
First, under s. 66, a ''guardian'' who plans a move that will have a "significant impact" on the child's relationship with a guardian or other people with a significant role in the child's life must give | First, under s. 66, a ''guardian'' who plans a move, with or without the child, that will have a "significant impact" on the child's relationship with a guardian or other people with a significant role in the child's life must give written notice of the proposed move at least 60 days before the move, to all guardians and persons with contact with the child. (The guardian who is moving can apply to court for an exception to this requirement.) The notice must state the place the guardian plans on moving to and the date of the move. This requirement applies whether a guardian is planning on moving with a child or by him- or herself. | ||
Second, under s. 68, a ''guardian'' who objects to the proposed move must file an application in court to stop the move ''within 30 days'' of getting written notice of the move. The parties are required to try to resolve any disagreement about the move on their own, but this doesn't prevent a guardian from applying to stop the move. Only guardians can object; people with contact cannot. | Second, under s. 68, a ''guardian'' who objects to the proposed move must file an application in court to stop the move ''within 30 days'' of getting written notice of the move. The parties are required to try to resolve any disagreement about the move on their own, but this doesn't prevent a guardian from applying to stop the move. Only guardians can object; people with contact cannot. | ||