What are my chances of winning a relocation case if I have a new job offer in another city?
A new job offer is a legitimate reason to want to relocate, but it does not guarantee a court will allow you to bring your child. Courts applying the Divorce Act look beyond your reason for moving to assess the full impact on the child.
Key questions the court will ask: Is this job opportunity unique and unavailable where you currently live? What is your current parenting arrangement — do you have primary parenting time or roughly equal time? How old is the child and how established are they in their school and community? What does the proposed revised parenting plan look like — will the child maintain a meaningful relationship with the other parent? How does the child feel about the move?
If you are the primary caregiver, courts are generally more open to allowing a move provided there is a genuinely workable revised parenting plan. If parenting time is roughly equal, the hurdle is higher and the burden of proving the move is in the child's best interests rests squarely on you.
Financial necessity matters. A job that is not merely convenient but genuinely necessary for your financial stability carries more weight than an opportunity of preference.
Key takeaways
- A job offer is a legitimate reason but does not automatically justify relocation with the child.
- Courts examine whether the opportunity is unique and whether a revised plan is workable.
- Primary caregivers face a lower hurdle than parents in equal-time arrangements.
- Financial necessity carries more weight than preference or convenience.