Consider this scenario: You are divorced, share custody of your two children with your Ex (although they live with you), and get the job offer of your life. The only catch? The job requires you to move to another city in another province. What do you do?

Actually, the question really is, WHAT can you do? According to the Divorce Act, you will need your Ex-spouse’s permission to move with your children - even if you have sole custody. You will need to provide at least 60 days' notice,  complete a Notice of Relocation form and send it to your Ex (and anyone else with parenting responsibilities for your children). Your Ex will then have 30 days to respond.

But let’s not get ahead of ourselves. The decision to relocate your children away from their other parent is not an easy one. Ultimately, you need to do what is in the best interests of your children. And if it ends up in court, this is what they will base their decision on.

If you have a good relationship with your Ex, have a conversation with them and try to work out a solution to your parenting arrangement that works for both of you (and the children). Working out a solution outside of court is the best route to go if possible. Once it goes to court, you are at the mercy of the judge’s decision, which may not be what you want.

If you have a more tenuous relationship with your Ex, you can still come to an agreement outside of court by using a third-party negotiator or mediator.

If it comes down to a court having to make a decision, there are several factors that will be taken into account when determining whether the move is in the best interests of the children. These include, but are not limited to:

• the children’s well-being, safety and security, both physically, emotionally and psychologically
• the relationship they have with each parent
• the children’s own wishes if they are old enough to express them

Regarding this last point, the older and more mature a child is, the more their wishes will be taken into consideration by a judge. And while you still have decision-making responsibility for a child until they reach the age of majority (18 years in Ontario), a judge is not likely to force a decision on a child of 16 years or older. However, no matter their age, a judge will factor in the child's views and preferences.

At the end of the day, it is best to work out a parenting plan that is fair to both of you and in the best interests and wishes of your children. Never move your children without the permission of the other parent or a court order authorizing the move.