NewsTalk 1010: Divorce During a Pandemic - Featuring Alyssa Bach, Shulman & Partners

As remote work becomes more common, some separated parents are rethinking where they want to live, including moving back to a childhood community, another province, or even a birth country. In an interview with NewsTalk 1010, Alyssa Bach, Associate Lawyer at Shulman & Partners LLP, discussed why relocation is not a simple decision when children are involved. She explained that mobility is one of the more complex areas of family law, and that recent changes to the Divorce Act have clarified what courts consider when a parent wants to move. The conversation focused on the best interests of the child, the impact of parenting arrangements, and the practical realities families face when distance affects time with each parent, school stability, travel costs, and children’s preferences.

“Mobility is probably one of the more complex areas when it comes to family law. One of the biggest things is, and always has been, the best interest of the child.”
— Alyssa Bach, Associate Lawyer, Shulman & Partners LLP

In the interview, Alyssa explained that she has seen an increase in relocation inquiries from separated parents, and she linked the rise to pandemic fatigue and the shift to working from home. She noted that many people have felt isolated from extended family during the pandemic, especially when loved ones live far away. That isolation has led some parents to reassess where they live and whether they want to move closer to family support or back to a familiar community.

Alyssa emphasized that relocating with children after separation is not as simple as deciding to move. She described mobility as one of the more complex areas in family law, and pointed to recent changes to the Divorce Act that provide more clarity on how courts assess relocation. While the best interests of the child remains central, she explained that courts are also looking more closely at whether there is a primary parent. If children primarily live with one parent, courts will examine that parent’s reasons for moving, and the other parent may need to show why the move would not be in the child’s best interests. Alyssa described this as a shift in how relocation disputes are analyzed.

She also explained how courts determine whether there is a primary parent. Often this is set out in a separation agreement or court order that specifies decision making responsibility and parenting time. If there is no agreement or order, the court may look at what has happened in practice since separation and for how long, to understand the child’s day-to-day reality.

Alyssa stressed that parents should start with negotiation and a child-focused proposal rather than acting unilaterally. She described the difference between a parent who can explain why the move benefits the child and who arrives with a plan for maintaining the child’s relationship with the other parent, versus a parent who simply announces a decision without considering how parenting time will work. She noted that motivations can become clearer in these discussions, and that can affect how a court views the move.

The interview also explored the practical financial impact of distance. Alyssa explained that relocation can create extra travel costs, especially in international moves, and those costs may interact with other financial issues, including support obligations. She also discussed children’s views and preferences. She noted that older children’s preferences generally carry more weight, but that maturity and consistency matter too. Ties to school, friends, and community can be important factors, particularly for teens who want stability to finish school where they are.