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Ontario|FamilyCustody of Children 115 Mobility rights: Can a parent with custody move? When one parent has custody of the children and the other parent has visitation rights, problems sometimes arise when the parent with custody wants to move. The parent that only has visitation rights usually will not want the parent who has custody to move to a distant place which makes regular visitation difficult or impossible.
However, the law generally allows parents who have custody to move with the children as long as the move is reasonable in the circumstances and in the best interests of the children. If the parent who does not have custody asks the court to stop the other parent from moving, the parent who has custody will usually have to prove that the benefits of moving are greater than the loss of the children's ability to visit with the other parent.
If necessary, a lawyer can help you deal with this situation.
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