Relocation of minor children – Frequently Asked Question – Do I need a lawyer?

The only situation in which a relocation question regarding a minor child becomes a legal one is when one parent wishes to relocate with the child. In contrast, the other parent does not consent. In such cases, legal assistance is necessary. If the parents cannot reach an agreement, the matter must be taken to court, which will then decide what is in the best interest of the minor child.

For example, if one parent wants to relocate to Canada but the other parent refuses to consent to the child’s passport application and the relocation itself, the parent wishing to relocate would need to approach the High Court to seek permission to relocate without the other parent’s consent. After hearing both sides, the court will determine whether to authorize the relocation.

Do I need a lawyer?

The short answer is no. You do not need a lawyer to ask the court for permission to obtain a passport for a minor child or to relocate. However, it is always advisable to have a lawyer, as they understand the laws and processes involved.