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Can I leave Canada and raise my son in Germany?

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Anonymous Asked:

My partner & I are considered common-law. We have a few month old baby together. I am German citizen with a Canadian permanent resident card and my partner is Canadian citizen. Our relationship doesn't look good. In case we separate, I would like to take my child to Germany and raise him there in a great living environment (large house, secure family etc). I know my partner would fight for our boy to stay with him in Canada. However, the problem with him is that he's never paid his taxes since he started working 13 years ago and screwed the tax system. He also has depression issues and so does his mother. I wouldn't want my son to stay in Canada with his father and grandmother due to the mental health issues and his father's poor financial decisions. I would agree on visiting rights and wouldn't want child support. What are my chances to raise my child in Germany?

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Stuart Zukerman
6 years ago

The outcome of applications to court respecting Mobility & Relocation are extremely difficult to predict. The test is always what is in the best interests of the child in question.

Parenting Time generally
The court looks at the issue of parenting time from the perspective that it is generally believed that maximizing contact between the child and both parents following separation is generally good for the child. It is not a contest to determine who is the better or best parent – adequacy of parenting is the measuring bar – as long as the parent can provide adequate parenting, that is enough for that parent to be awarded ongoing significant parenting time. Over the course of the past 2 decades, the BC courts have become much more generous and liberal with granting parenting time to fathers who may have been largely uninvolved in parenting the child prior to separation. The courts recognize that following separation there will now be two homes for the child and each parent should be actively involved in the care of the child after separation even if they weren’t as involved before separation due to work hours or the living arrangement that resulted in one parent having more responsibility for child care. It is not unusual these days to see 50/50 or 60/40 parenting arrangements imposed by the court even when the child is still an infant.

Anytime a parent wishes to relocate a child in such a way that the move can reasonably be expected to have a significant impact on the relationship with a guardian (or other person’s having a significant role in the child’s life , such as grandparents), the parenting seeking to relocate must give notice to the other party at least 60 day’s written notice of the proposed date and place of relocation. If the non moving parent raises their objection to the move within 30 days of receiving written notice then the moving party must not proceed with the move unless a court order permitting the move is granted.

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