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National > Divorce > Mobility Rights:

What facts does the judge consider when deciding if a move is in the best interests of the children?

The judge considers

  • the arrangements for custody and access that are already in place;
  • how the children relate to each parent;
  • what the children want to do (if they are old enough to be consulted);
  • the effect of the move on the children in terms of their schooling, extracurricular activities, and relationships with their friends and other famiy members;
  • the reasons why the custodial parent wants to move, particularly the financial reasons, such as taking a better-paying job;
  • the reasons the parent opposing the move has for not supporting the idea;
  • the advantages or disadvantages of changing custody to the access parent if the custodial parent is determined to move;
  • any other factors that are relevant to each particular family.

 


WARNING: The contents of these FAQs are intended as general legal information only.
If you have a personal problem, please consult a lawyer.

June 2006
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