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Category: CanLII


Category: CanLII

Changes to the Framework for Application to Relocate with Children After Divorce

Relocating with Children After Divorce in Alberta A request by one parent for permission to relocate with the children of the marriage will generally involve a significant change to the existing parenting regime. The governing question for the court is whether relocation is in the child’s best interests. Before the recent amendments to the Divorce Act that came into force on March 1, 2021, applications seeking permission to relocate were governed by the framework established in Gordon v Goertz, [1996] 2 SCR 27, a leading decision rendered 25 years ago. For the most part, the amendments to the Act [...]

By |13/06/2022|

Making Interim Changes to Custody and Parenting Arrangements in Alberta

Changing an Established Custody and Parenting Arrangement in Alberta One of the more contentious issues in divorce proceedings can be parenting of the children. Where the parties are unable to agree on arrangements related to custody, access, or decision-making respecting the children, courts may be called on to make orders resolving those issues, often on an interim basis and without the benefit of a full evidentiary record addressing the best interests of the child. Typically, such orders are intended to govern until the parents are ready for trial and the court can grant a final order. However, changing circumstances, [...]

By |10/06/2022|

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