b'LEGISLATIONPUTTINGKIDS FIRSTBy Sarah B. HoodCanadas redesigned Divorce Actchanges the rules for relocating parentsA s workplaces reopen their doors,Of greater importance for relocationprocess for parents wo want to move; it people are discovering thatprofessionals is a new requirement forprovides clarity for the parties of their obli-while they were working froma divorced parent to communicate theirgations, Cooley says.home, the workplace landscapeplans for a potential move. The other was changing. For Canadianparent has the right to challenge theSections 16.8 and 16.9 of the new act relocation professionals, a salient exampleproposed arrangement, and, in the worststates that a person who has parenting is the federal Divorce Act. As of March 1,case, it may be up to the courts to decidetime or decision-making responsibility 2021, new sections of the act have comewhether a proposed relocation is in theand who intends to change their place into force that will have a marked impactbest interests of the child. It is significantof residence or that of the child must on divorced parents who are planning because the previous version of the Divorceformally notify the other parent at least 60 to relocate. Act didnt provide for relocation, saysdays ahead of the planned moving date. The changes are intended to put a childsAndrea Cooley, counsel with Siskinds There is a specific form that must be used, interests ahead of their parents, and thisLaw Firm.and it must include a proposal as to how parenting time, decision-making respon-idea is reflected in the new wording.In the past, the courts relied on case law tosibility or contact, as the case may be, Instead of custody, the act uses the settle disputes relating to parental reloca- could be exercised.term decision-making responsibility, tion, specifically Gordon v. Goertz, a 1996 and in place of access, it refers toSupreme Court of Canada decision. Now,Even a parent who doesnt have the parenting time. however, the act provides for an orderlychild in their care all the time has the 22PERSPECTIVES Winter 2021'