2,665
edits
Difference between revisions of "Changing Family Law Orders and Agreements Involving Children"
Jump to navigation
Jump to search
Changing Family Law Orders and Agreements Involving Children (view source)
Revision as of 02:31, 20 May 2013
, 02:31, 20 May 2013→The rules under the Family Law Act
| Line 248: | Line 248: | ||
#he or she has proposed "reasonable and workable" arrangements to preserve the child's relationships with other guardians and persons with significant roles in the child's life. | #he or she has proposed "reasonable and workable" arrangements to preserve the child's relationships with other guardians and persons with significant roles in the child's life. | ||
If the moving guardian can do this, the move is presumed to be in the child's best interests unless | If the moving guardian can do this, the move is presumed to be in the child's best interests unless the ''objecting guardian'' can convince the court otherwise. | ||
The test is a bit different if the moving guardian and the objecting guardian share the child's time equally or almost equally. In that <span class="noglossary">case</span>, the ''moving guardian'' must prove, under s. 69(5) that: | The test is a bit different if the moving guardian and the objecting guardian share the child's time equally or almost equally. In that <span class="noglossary">case</span>, the ''moving guardian'' must prove, under s. 69(5) that: | ||
| Line 264: | Line 264: | ||
<blockquote><blockquote><tt>(d) any restrictions on relocation contained in a written agreement or an order.</tt></blockquote></blockquote> | <blockquote><blockquote><tt>(d) any restrictions on relocation contained in a written agreement or an order.</tt></blockquote></blockquote> | ||
If the move is allowed, the ''objecting guardian'' may ask the court to vary the old arrangements for parenting time and, under s. 70(2), the court is required to "seek to preserve, to a reasonable extent, parenting arrangements under the original agreement or order." | |||
Although a person with contact lacks the ability to apply to stop the moving guardian from relocating, he or she may apply under s. 67(2) for an order for contact or to vary an order for contact "for the purpose of maintaining the relationship between the child and a person having contact with the child." | Although a person with contact lacks the ability to apply to stop the moving guardian from relocating, he or she may apply under s. 67(2) for an order for contact or to vary an order for contact "for the purpose of maintaining the relationship between the child and a person having contact with the child." | ||