Difference between revisions of "The New Divorce Act"

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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:


* if the parties have “substantially equal” time with the children, the person who wants to move has to prove that the relocation is in the best interests of the children,
* if the parties have “substantially equal” time with the children, the person who wants to move has to prove that the relocation ''is'' in the best interests of the children,
* if the relocating party has the child for the “vast majority" of the children’s time, the person objecting to the move has to prove that the relocation is not in the best interests of the children lies,
* if the relocating party has the child for the “vast majority" of the children’s time, the person objecting to the move has to prove that the relocation ''is not'' in the best interests of the children, and
* in cases falling in the mid-range between these extremes, both parties have the burden of proof.
* in cases falling in the mid-range between these extremes, both parties have the burden of proof.


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