Can i leave the province with my child

If you and your ex cannot come to an agreement, then the court will decide whether the child can relocate. You can ask the court for permission to move without giving notice to others. You can go to court without giving notice of the court hearing to your ex.

The court can change or waive legal requirements to give notice of your move. If it is an emergency, you should try to get a protection order from the court and ask for community and police assistance.

The court will look at what is in the best interests of the child. The court will also look at:. The court will NOT look at whether the person who intends to relocate would still move if the child was not allowed to move. If there is an order or written agreement saying the child spends equal time with both parents, then the person who intends to relocate the child must show the move is in the best interests of the child.

If there is an order or written agreement saying the child spends the vast majority of their time with the person who intends to relocate, then the person who objects to relocation of the child must show the move is not in the best interests of the child. In all other cases, all parties must show whether relocation is in the best interests of the child. The court can divide between the two parents any costs incurred by the person who is not relocating in exercising their parenting time.

This can include travel costs. Court proceedings take time. It can take months, or even years, to go through the court processes and have a judge decide. The judge usually does not give permission to move before making a final decision. It is best to make your court application well in advance of your planned move. This website provides general legal information only. It does not provide legal or professional advice. See Disclaimer for more information. Copyright Legal Resource Centre of Alberta.

If you have a court order about parenting time, decision-making responsibility, or contact, there are rules you have to follow if you want to move. Decision-making responsibility and parenting time used to be called custody and access. You can talk to a lawyer who can help you understand what the law says you need to do if you want to move. This means you pay them to help you with part of your case.

For example, they could help you complete your court forms, or prepare for a hearing. If you cannot afford to hire a lawyer at all, you may be able to find legal help in other places.

Can I move with my child? Next Steps 1. Free Consult Covid Update. Thanks for the review! Thanks for your feedback! No, I'd rather not help. Please select the location nearest you. Calgary Vancouver Other. Free minute phone consultation with a family lawyer. We can discuss your divorce or other legal matter and find a path forward. Call or submit the form below. All discussions confidential. That's all we need to get in touch. You'll hear from us within one business day.

Your name. Phone number. Email address. Your message. Skip to main content Skip to main navigation Skip to side navigation Accessibility Statement. Section Navigation. Basics of Family Law. Parenting Apart. Am I a guardian? What does it mean to be a guardian? Can I still have contact with the child? I am separated from my child's other parent. Do I need a formal agreement or order setting-out guardianship or parenting arrangements? What can I do if the other parent doesn't follow the agreement or order about parenting time or contact?

What happens if one parent wants to move? Where can I find more information about parenting apart?