Hi there I’m wondering the usual timeline of a relocation case for Canada/Ontario. Notice of Relocation forms suggest that plans are already in motion (purchased house, job acceptance, etc.). However if the non custodial parent objects and an order needs to be obtained through court, this seems lengthy - likely making any planning fall through. Any advise is appreciated. Lawyer's Assistant: What steps has the parent taken? Have they filed any papers in family court? No Lawyer's Assistant: Have they talked to a lawyer about this yet? No Lawyer's Assistant: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you. I have sole custody, father has supervised access through paternal grandparents - these grandparents use regular and flexible visitation, informally. Looking into length of process prior to beginning planning and notice.

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I’m wondering the usual timeline of a relocation case for…

Hi there I’m wondering...

Hi there I’m wondering the usual timeline of a relocation case for Canada/Ontario. Notice of Relocation forms suggest that plans are already in motion (purchased house, job acceptance, etc.). However if the non custodial parent objects and an order needs to be obtained through court, this seems lengthy - likely making any planning fall through. Any advise is appreciated.

Lawyer's Assistant: What steps has the parent taken? Have they filed any papers in family court?

Lawyer's Assistant: Have they talked to a lawyer about this yet?

Lawyer's Assistant: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.

I have sole custody, father has supervised access through paternal grandparents - these grandparents use regular and flexible visitation, informally. Looking into length of process prior to beginning planning and notice.

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2/27/2022

Family Lawyer: Legal Ease, Lawyer replied 1 year ago

Legal Ease, Lawyer

Category: Canada Family Law

Satisfied Customers: 148,464

Experience: I am a practicing lawyer and have also been an online professional for 12 years.

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Hello and Welcome to JustAnswer. My name is***** will be working on your question today and I am looking forward to our conversation.

Customer reply replied 1 year ago

Thank you

Family Lawyer: Legal Ease, Lawyer replied 1 year ago

I know your question is important to you and I will be giving it the time and attention it deserves.

Sometimes responses and replies take time, so I ask you to be courteous and patient to allow me the time to type answers to you and also to others. At times I may even have to do some research.

I am sorry to hear of this difficult situation.

So you are asking how long it would take to get an order allowing you to move the child in Ontario?

Customer reply replied 1 year ago

approximately in typical cases. I know that this is impossible to fully determineCurrently living in Ontario, hoping to move to Alberta

Family Lawyer: Legal Ease, Lawyer replied 1 year ago

Here is the answer to your query. Please do not hesitate to ask any follow up questions related to this response and know that I will respond as soon as I can.

Nothing is typical in terms of timing for family law and certainly because of Covid and the horrendous backlog things take much longer. However, if you can prove that you need an urgent hearing it could be that you would have a hearing within the next few months as opposed to years. If you have an experience family lawyer they will be able to move this ahead even faster.

Does that help as a starting point?

Customer reply replied 1 year ago

this would mean that I wouldn't be able to provide an address or specific examples of best interest of child in terms of economic stability and location safety for child, it seems

Family Lawyer: Legal Ease, Lawyer replied 1 year ago

Yes you would. It would be part of the urgent hearing.

Customer reply replied 1 year ago

Okay I understand. Is this something that I can attempt to do through arbitration rather than the lengthy court processes? Or could the non custodial parent refuse this?

Family Lawyer: Legal Ease, Lawyer replied 1 year ago

You cannot compel mediation or arbitration. But you can certainly ask.

Customer reply replied 1 year ago

Okay great. According to the update bill 207 (I believe), will the onus to prove that the move is not in the best interest of the child be on the parent objecting?

Family Lawyer: Legal Ease, Lawyer replied 1 year ago

Yes that is correct. They have the burden of proof.

Customer reply replied 1 year ago

Thank you for your help with this. Are you able to give recommendations for competent family lawyers for this purpose in the Ontario GTA, Oshawa area? Or the best place to seek this info? If not I understand

Family Lawyer: Legal Ease, Lawyer replied 1 year ago

What you can do to find a lawyer is one of the following things.

You can contact the Law Society and use their Lawyer Referral Service. You will be given the name of a lawyer and can consult with the lawyer and the first half hour will be free.

Here is a link to the site:

https://lsrs.lso.ca/lsrs/welcome

Or you can check on a site called lexpert. This is a legal directory of leading lawyers and law firms throughout Canada and is well-respected by the legal community.

Here's the link to their website:

http://www.lexpert.ca/directory/find-lawyers-or-law-firms/

Customer reply replied 1 year ago

Thank you!

Family Lawyer: Legal Ease, Lawyer replied 1 year ago

You are very welcome.

Family Lawyer: Legal Ease, Lawyer replied 1 year ago

Is there anything more I can help you with before I mark this question as complete?

Customer reply replied 1 year ago

Last thing when you have a moment.My order specifically states "the applicant should not change the residence of Ontario without a court order" as this was a concern in 2015 that I wanted to move provinces to be with family and I agreed to this stipulation to more easily secure sole custody. Does that mean that I need to get an order regardless of whether the father agrees to allow the move?If the father agrees, is no response valid approval or is a letter required, an acceptance form?Sorry order states "shall not" not "should not"Oh I'm sorry I'm going to rewrite this. The order states "the applicant shall not change the residence of the child outside of Ontario without a court order" my apologies

Family Lawyer: Legal Ease, Lawyer replied 1 year ago

No you don't need an order if the father agrees.

Customer reply replied 1 year ago

Thank you

Family Lawyer: Legal Ease, Lawyer replied 1 year ago

You are very welcome.

Customer reply replied 1 year ago

You can mark as complete!

Family Lawyer: Legal Ease, Lawyer replied 1 year ago

Thank you for trusting us to help you here at JustAnswer. If you need more clarification or have a follow-up question just reply and we can continue our dialogue. If you would like to ask me new questions please start a new post and if you do if you say “This is only for Debra” I will be sure to give your post top priority.

Although I can’t always give good news, I am direct and do my best to simplify things for people to understand.

Thank you very much!

Best wishes,

Debra

Legal Ease, Lawyer

Category: Canada Family Law

Satisfied Customers: 148,464

Experience: I am a practicing lawyer and have also been an online professional for 12 years.

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