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Difference between revisions of "The New Divorce Act"
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→Moves that Are Relocations
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A person with parenting time or decision-making responsibilities who gets this notice may object to a proposed relocation. To object, the person must file a court application within 30 days of getting the notice. ''Someone who only has contact is not entitled to object to a proposed relocation.'' | A person with parenting time or decision-making responsibilities who gets this notice may object to a proposed relocation. To object, the person must file a court application within 30 days of getting the notice. ''Someone who only has contact is not entitled to object to a proposed relocation.'' | ||
If | If a person with parenting time or decision-making responsibilities doesn't object, then the person who wants to relocate may move as long as there is no earlier order that says the person can't move. | ||
If | If a person with parenting time or decision-making responsibilities objects in time, however, the new ''[[Divorce Act]]'' says that the court must consider certain factors in deciding whether to allow the move or not. The court must think about: | ||
* the reasons for the relocation, | * the reasons for the relocation, | ||
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* whether the relocating person has complied with the notice requirement, | * whether the relocating person has complied with the notice requirement, | ||
* whether each party has complied with any obligations under other family law legislation, like the ''[[Family Law Act]]'', an award or an order, and | * whether each party has complied with any obligations under other family law legislation, like the ''[[Family Law Act]]'', an award or an order, and | ||
* the reasonableness of the person's proposal about | * the reasonableness of the person's proposal about how parenting time, decision-making responsibility or contact could be exercised after the move. | ||
That's a little complicated. But it gets worse. The Act also says who has the job of proving that the move should happen or not, and this will change depending on the circumstances: | That's a little complicated. But it gets worse. The Act also says who has the job of proving that the move should happen or not, and this will change depending on the circumstances: | ||