In Nova Scotia there are differences in the test Nova Scotia Courts apply to married versus unmarried parents of a child when one parent wants to relocate with the child.
Married parents who are not separated or divorced continue to be governed by the Divorce Act (recently amended) while parents who were not married are governed by the Parenting and Support Act.
Under the Divorce Act, a person who has parenting time or decision-making responsibility in respect of a child and who intends to relocate must provide notice to any other person who has parenting time or decision making responsibility, or contact under a contact order. The Justice Canada provides a form for the notice required at https://www.justice.gc.ca/eng/fl-df/divorce/nrf-fad.html.
Section 16.92 of the Divorce Act sets out factors to be considered for relocation applications. It also establishes that “the court shall not consider, if the child’s relocation was prohibited, whether the person who intends to relocate the child would relocate without the child or not relocate“.
This factor which is prohibited from consideration is a change from the way Nova Scotia handles relocations previously under the Divorce Act and the Parenting and Support Act.
The Divorce Act can be reviewed at https://laws.justice.gc.ca/eng/acts/D-3.4/rpdc.html while the Parenting Support Act is available at https://nslegislature.ca/sites/default/files/legc/statutes/parenting%20and%20support.pdf
If you or someone you know is considering a relocation it is important to understand the burden’s, tests and timelines under the applicable legislation. We would be happy to provide advice.
Sincerely,
Philip Whitehead