Mobility & Moving
Moving with children, what is called a ‘mobility application’ in Saskatchewan family law, can have a major impact on the relationship of parents and their children. It is a somewhat less common application that, if not handled carefully and correctly, can impact your life for years to come. Mobility is an important application that requires you to consider what changes need to be made in parenting time, access, and decision making.
When one parent wants to move the children from their current city/town to a new one, they are required to inform the other parent, and consider how the move will affect their relationship with the children. As with all applications regarding children between parents, the Court is tasked with answering one question: what is in the best interest of the children? Mobility can be a very difficult issue to discuss between parents. It could mean one parent having less or little contact with a child or new parenting times and arrangements.
Mobility applications are typically not applications that the Court will agree with easily. The Court needs to know all of the facts of your situation to determine what truly is in the children’s best interests. As all families are different, so are all kids, and the Court needs to learn all about yours.
If you are considering a move, R&R Legal Group can set out for you the typical pitfalls and issues that could arise. Common pitfalls are one parent choosing, or possibly being incapable of, giving notice of a move well in advance of the move. The Children's Law Act of Saskatchewan, at section 13 sets out the minimum rules of a move. They are:
Written notice of the proposed move;
It is provided 60 days prior to the date of the move;
Setting out the specifics of the move, including: expected date of move, address, a proposal of how decision-making authority (custody) and parenting time are to be handled.
On doing that, the responding parent has 30 days from the date receiving the notice to object to the move. If the responding parent wishes to object, they have the following two ways to do so:
Within 30 days provide your objection in the form below to the moving parent and file it with the Queen’s Bench Registrar.
Bring an application to Court objecting to the moving of the child/children.
If the responding parent does not do either of those two things, the moving parent may move with the child without further permission of the other parent or the Court. This is a considerable change in the law of Saskatchewan, only coming into effect as of March 1, 2021. Prior to this change, any moves needed explicit permission or a Court Order.
If you do need to go to Court, it is commonly held by the Courts that they will not grant moves without an extremely good reason, which is why it is critical that you present your story to the Court in the best way possible.
If the other parent has moved without your permission, or without complying with the law, then it is very important that you react as quickly as you can. It can be considered critical that you bring an application to the Queen’s Bench immediately requesting that the child be brought back into your care. Contact R&R Legal Group to discuss an emergency application and what we can do to help you with this time sensitive issue.