Moving with Children after Separation
Updated: May 29, 2022
There are many circumstances in which a parent may want to move with the children after separation. The difficulty with moving the children is that typically in these situations your ex-spouse is not moving with you. Moving the children has a direct impact on their relationship with the children and potentially could decrease the time that they get to spend with the children.
In Saskatchewan, if you want to move with your children from your current city or town, you are required to inform the other parent in writing. Section 13 of The Children's Law Act of Saskatchewan sets out the requirements of the written notice:
It must be provided 60 days prior to the date of the move;
It must include the specifics of the move, including the expected date of move, address, and contact information of the parent; and,
It must include a proposal of how decision-making responsibility (custody) and parenting time are to be handled.
Once you have provided the other parent with written notice, they have 30 days from the date of receiving the notice to object to the move. If the other parent objects, they are required to file the required form with the Court or bring a Court Application. If the other parent does not object to the move within 30 days, and there is no Court Order prohibiting you from moving the children, you are authorized to move. 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 the other parent does object to the move and files the correct documentation or brings a Court Application, you will be required to convince a Judge why you should be able to move with the children. Mobility applications are typically not applications that the Court will agree with easily on an interim basis. The Court needs to know all of the facts of your situation to determine what truly is in the children’s best interests.
Mobility can be a very difficult issue to discuss between parents. If you are considering a move, contact me and I can advise you of the typical pitfalls and issues that could arise. I can further assist you with the process of giving written notice, making a Court Application or responding to a Court Application.