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

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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. However, people with contact can make an application under section 59 of the ''Family Law Act'' or section 60 of the ''Family Law Act'' to seek an order or to change an existing order for contact, for the purpose of maintaining the relationship between the child and a person having contact with the child if the relocation occurs.
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. However, people with contact can make an application under section 59 of the ''Family Law Act'' or section 60 of the ''Family Law Act'' to seek an order or to change an existing order for contact, for the purpose of maintaining the relationship between the child and a person having contact with the child if the relocation occurs.


Third, if the parties can't resolve their differences about the move, then either guardian can apply to court for orders allowing or preventing the proposed move. There are different tests that the court will apply depending on whether the guardians have "substantially equal parenting time". The ''moving guardian'' must prove, under s. 69(4) that:
Third, if the parties can't resolve their differences about the move, then either guardian can apply to court for orders allowing or preventing the proposed move. There are different tests that the court will apply depending on whether the guardians have "substantially equal parenting time." The ''moving guardian'' must prove, under s. 69(4) that:


#they have proposed to move ''in good faith,'' and
*they have proposed to move ''in good faith,'' and
#they have proposed ''reasonable and workable'' arrangements to preserve the child's relationships with other guardians and persons with significant roles in the child's life.
*they have 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 guardian who is moving can do this, the move is presumed to be in the child's best interests unless the guardian who is objecting to the move can convince the court otherwise.  
If the guardian who is moving can do this, the move is presumed to be in the child's best interests unless the guardian who is objecting to the move can convince the court otherwise.  
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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:


#they have proposed to move "in good faith,"  
*they have proposed to move "in good faith,"  
#they have proposed "reasonable and workable" arrangements to preserve the child's relationships with other guardians and persons with significant roles in the child's life, and
*they have proposed "reasonable and workable" arrangements to preserve the child's relationships with other guardians and persons with significant roles in the child's life, and
#the move is in the child's best interests.
*the move is in the child's best interests.


The meaning of ''good faith'' is discussed at s. 69(6):
The meaning of ''good faith'' is discussed at s. 69(6):

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