Unless there is express consent from the other parent, a party seeking to relocate with children must bring a mobility application before a judge or arbitrator. Mobility is a highly litigated area of the law, which carries with it a high emotional toll for all parties involved. In the midst of that emotion, a common question raised by the non-moving parent is this: If my ex-spouse is not permitted by the Court to move with the children, won’t he or she just cancel the intended move altogether?
There has been a number of urgent or emergency applications which have been granted leave to come before the Court of Queen’s Bench here in Alberta in accordance with the Honourable Chief Justice M.T. Moreau’s Master Order.
The issue of parenting time has recently been added to Chief Justice Moreau’s Master Order (No. 3) where the issue cannot be reasonably delayed. However, these recent oral decisions have not been reported, leaving counsel to refer to written decisions from Ontario as guidance on parenting issues during the pandemic.
The pandemic has resulted in loving parents having concerns for the safety of their children when they are in the care of the other parent. Many parents are concerned about what precautions the other may be exercising during their parenting time and who the child may be coming into contact with.
Some may believe their former partner or spouse is not taking the pandemic serious enough. This has resulted in parents unilaterally defying existing parenting orders.