New Divorce Act Amendments & Relocating with Children

The recent case, JYL v TLL, 2021 ABQB 680, is another one to add to your #precedent library.

Effective March 1, 2021, amendments were made to the #Divorce Act, RSC 1985, c 3 (2nd Supp). Those amendments were significant in specifying the factors for the bests interest of the child, parenting, and relocation.

The issue before the #Court related to relocation of the #children of the marriage. #Justice Angotti undertook a comprehensive review of the legal principles in the context of the new Divorce Act amendments, including the #burdenofproof to establish the #bestinterest of the children on relocation applications. Ultimately, the Court permitted the relocation of the children.

Although, in my opinion, the case could have gone either way, it sets an important precedent to understand the new Divorce Act amendments and treatment of same by the Courts. For those interested, check out the full case here:

Ronald S. Foster, Q.C. Senior Counsel

Family Law Solutions

Foster Dickson O’Brien

1400, 350 7th Avenue SW

Calgary Alberta T2P 3N9

T 587 315 6491



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