Moving and the Divorce Act

A change in the place of residence of a person or child is a move that is not a relocation.

Last reviewed: March 2021

A relocation is a move of a person that is likely to have a significant impact on the child’s relationship with:

• a person who has parenting time or decision-making responsibility OR
• a person who has contact with the child under a contact order.

Last reviewed: March 2021

The definitions of change in place of residence and relocation do not include geographic boundaries. A move that is a relocation for one family (because it significantly impacts a child’s relationship with someone) may only be a change in place of residence for another family (because the move does not significantly impact the child’s relationship). Whether a move is a change in place of residence or a relocation depends on the situation of each family.

Another way to think about it is the person’s relationship with the child. If a person who only sees the child sometimes will continue to see the child the same after a move, this may only be a change in place of residence – even if the move means a change in cities.

Last reviewed: March 2021

The Divorce Act says anyone with decision-making responsibility, parenting time or contact must give notice of a move that is a change in the place of residence or relocation. What that notice must say depends on what type of move it is, and whether that person is proposing to move with the children.

Last reviewed: March 2021

If you are married or divorced and have children, you must tell your spouse or former spouse if you are moving, even if you are moving without the children.

There are some exceptions to giving notice:

• You get permission from the court not to give notice, such as if there is family violence.
• You have a court order saying you do not have to give notice of a move.

Read your divorce order. If your divorce order does not say anything about giving notice, you must give notice unless one of the exceptions apply. Keep reading to learn how and when to give notice.

Last reviewed: March 2021

No. If the other parent does not agree with you moving with the child, then you need the court’s permission to move the child. The court will decide in the child’s best interests. The court can order that the child move or not move. The court cannot order a parent to move or not.

If you are married or divorced and have a court order under the Divorce Act, you must give notice of your move, whether you are moving within the same city or further away. Keep reading to learn how and when to give notice.

Last reviewed: March 2021

How and when you give notice depends on your obligations to the child. Do you have parenting time or decision-making responsibility? Do you have contact with a child under a contact order? Keep reading to learn more!

Last reviewed: March 2021

How and when to give notice depends on whether you are changing residences or relocating.

If you are changing residences (with or without the children), you must give notice as follows:

• in writing
• to everyone who has parenting time, decision-making responsibility or contact under a contact order
• as soon as possible
• with the date of the move, address of new residence and contact info

If you are relocating, you must give notice as follows:

• at least 60 days before the proposed move
• in writing using Form 1. In Form 1, you must propose how you and others with parenting time, decision-making responsibility and contact will continue to exercise their obligations to the child.
• to everyone who has parenting time, decision-making responsibility and contact under a contact order

If you are proposing to relocate with the children, there are more rules. Keep reading to learn more!

Last reviewed: March 2021

If you have parenting time or decision-making responsibility, you can relocate with the children if a court order says you can.

If there is no court order, you must give notice in Form 1. A person with parenting time or decision-making responsibility can oppose the relocation by formally objecting within 30 days after receiving Form 1. The children cannot move until the objection has been resolved.

Last reviewed: March 2021

If you are okay with the move, you and your ex can work together to come up with a parenting plan. Remember that the plan must be in the best interests of the children.

You can present your plan to the court as a consent order so that your plan can be legally enforced, if need be.

Last reviewed: March 2021

Within 30 days of receiving notice in Form 1, you can state your objection in one of two ways:

• Completing Form 2 and serving it on the person proposing to relocate.
• Applying to the court for a parenting order or variation order.

If you and your ex cannot come to an agreement, then the court will decide whether the child can relocate.

Last reviewed: March 2021

You can ask the court for permission to move without giving notice to others. You can go to court without giving notice of the court hearing to your ex. The court can change or waive legal requirements to give notice of your move.

If it is an emergency, you should try to get a protection order from the court and ask for community and police assistance.

Last reviewed: March 2021

How and when you give notice depends on whether the move will significantly impact the child’s relationship with you.

If your move will not significantly impact the child’s relationship with you, you must give notice as follows:

• in writing
• to everyone who has parenting time or decision-making responsibility
• as soon as possible
• with the date of the move, address of the new residence and contact info

If your move will significantly impact the child’s relationship with you, you must give notice as follows:

• at least 60 days before the proposed move
• in writing using Form 3. In Form 3, you must propose how you will continue to have contact with the child after you move.
• to everyone who has parenting time and decision-making responsibility

Last reviewed: March 2021

A mobility application is a court hearing about whether a child can move or not.

Last reviewed: March 2021

The court will look at what is in the best interests of the child. The court will also look at:

• reasons for the relocation
• impact on the child
• amount of time the child spends with people with parenting time and the level of involvement of those people in child’s life
• whether the person who intends to relocate the child complied with notice requirements
• any orders or agreements that say in what area the child should live
• reasonableness of the proposal (considering also new residence and travel expenses)
• whether everyone with parenting time or decision-making responsibility has complied with all legal obligations

The court will NOT look at whether the person who intends to relocate would still move if the child was not allowed to move.

Last reviewed: March 2021

If there is an order or written agreement saying the child spends equal time with both parents, then the person who intends to relocate the child must show the move is in the best interests of the child.

If there is an order or written agreement saying the child spends the vast majority of their time with the person who intends to relocate, then the person who objects to relocation of the child must show the move is not in the best interests of the child.

In all other cases, all parties must show whether relocation is in the best interests of the child.

Last reviewed: March 2021

The court can divide between the two parents any costs incurred by the person who is not relocating in exercising their parenting time. This can include travel costs.

Last reviewed: March 2021

Court proceedings take time. It can take months, or even years, to go through the court processes and have a judge decide. The judge will want to hear all the evidence from all parents or guardians so they can decide if the move is in the children’s best interests. The judge usually does not give permission to move before making a final decision. It is best to make your court application well in advance of your planned move.

Last reviewed: March 2021