For separated or divorced parents, relocating with a child can have serious legal consequences, particularly where the other parent does not consent. In Ontario, a parent cannot simply move a child if the proposed move would significantly affect the other parent’s ability to exercise parenting time or decision-making responsibility.
If the non-moving parent believes the proposed move is not in the child’s best interests, or that it would interfere with their rights under a court order or separation agreement, they are legally entitled to object.
How Relocation Is Handled Under Ontario Law
When a parent intends to move with a child and the other parent does not agree, the issue is treated as a “relocation” under the Divorce Act or Ontario’s Children’s Law Reform Act. The legal process generally involves:
- The moving parent providing formal written notice of the proposed relocation
- The non-moving parent filing a formal objection
- The court determining whether the relocation is in the child’s best interests
The court’s focus is not on what is most convenient for either parent, but on what arrangement best supports the child’s emotional, psychological, and developmental well-being.
Legal Notice Requirements Under the Divorce Act
Section 16.9 of the Divorce Act sets out strict notice requirements for relocation:
A parent who has parenting time or decision-making responsibility and intends to relocate must give at least 60 days’ written notice before the expected date of the move to every person who has parenting time, decision-making responsibility, or contact.
The notice must include:
- The expected date of the relocation
- The new address and updated contact information
- A proposal setting out how parenting time, decision-making, or contact can continue after the move
- Any additional information required by regulation
The court may waive or modify these notice requirements, including permitting an application without notice, where there is a risk of family violence.
What the Court Considers
When deciding whether to authorize a relocation, Ontario courts will consider:
- The reasons for the proposed move (excluding improper or bad-faith motives)
- The impact of the move on the child’s relationship with the other parent
- The current parenting arrangement and each parent’s level of involvement
- The child’s views and preferences (depending on age and maturity)
- Whether reasonable alternative parenting arrangements can be established
A parent generally cannot unilaterally relocate with a child where the move would significantly affect the other parent’s role. Court approval, or written consent from the other parent, is typically required. Relocating without proper legal authority can seriously harm your case and may result in enforcement proceedings.
Burden of Proof
Who must prove what depends on the existing parenting arrangement:
- If both parents spend roughly equal time caring for the child, the moving parent must prove that the relocation is in the child’s best interests.
- If the moving parent has the child the vast majority of the time, the non-moving parent must prove that the relocation is not in the child’s best interests.
Every case is unique. A family lawyer can assess your circumstances, ensure the appropriate documents are filed on time, and guide you through the process. Contact our team at Blackburn for a consultation.
* Please note that the information in this article is not intended as legal advice, but rather as a general overview on the subject. If you are seeking legal advice, please consult with a lawyer.
* Please note that the information in this article is not intended as legal advice, but rather as a general overview on the subject. If you are seeking legal advice, please consult with a lawyer.
