Can I Relocate With My Child After Separation in Ontario?

Moving With Children Is a Legal Issue, Not Just a Personal One

After separation, life often continues to change. You may receive a new job offer, want to move closer to family, or simply need a fresh start in a new community. But when you share parenting responsibilities with another parent, relocating with your child is not a decision you can make on your own — even within Ontario, and especially across provincial or international borders.

This guide explains how Ontario law treats relocation with children after separation and what you need to know before making a move.

The Law on Relocation in Ontario

Significant changes to the Divorce Act took effect in March 2021, and they introduced detailed rules about relocation with children. Ontario’s Children’s Law Reform Act was updated with similar provisions. The new framework distinguishes between two types of moves:

A “change in residence”: a move that does NOT significantly affect the child’s relationship with another parent or other person who has parenting time or decision-making responsibility. These require advance notice but generally do not require consent.

A “relocation”: a move that WILL significantly affect the child’s relationship with the other parent. These require formal notice, and the other parent has a right to object.

Whether a move counts as a relocation depends on factors like distance, the existing parenting schedule, and how the move will impact the parenting arrangement in practice.

Notice Requirements for Relocation

If you are planning a relocation with your child, you must give the other parent written notice at least 60 days before the proposed move. The notice must include:

• The proposed date of the move
• The new address and contact information
• A proposal for how parenting time and decision-making will work after the move

The other parent then has 30 days to object in writing. If they object and you cannot reach an agreement, the matter must be brought before a court before the move can take place.

How Courts Decide Relocation Cases

Relocation cases are some of the most difficult in family law because both parents typically have strong, legitimate positions. The court applies the best interests of the child test, considering all the usual factors plus several specific to relocation:

• The reasons for the proposed move
• The impact of the move on the child
• The amount of time the child spends with each parent and that parent’s involvement
• Whether reasonable arrangements can be made to maintain the child’s relationship with the other parent
• The existence of any court orders or written agreements about relocation
• Whether the proposed move is consistent with previously expressed plans or commitments

Who Has the Burden of Proof?

The Divorce Act includes specific rules about who must prove what:

• If the child spends substantially equal time with both parents, the parent proposing the move must prove the move is in the child’s best interests
• If the child spends the vast majority of time with the parent proposing the move, the other parent must prove the move is NOT in the child’s best interests
• In all other cases, both parents share the burden

This framework reflects an attempt to give appropriate weight to the existing parenting reality.

What Counts as a “Good Enough” Reason to Move?

Courts do not require a parent to prove that the move is “necessary,” but the reasons for the move matter. Strong reasons include:

• A genuine, well-paid employment opportunity
• Returning to a strong support network of family
• Pursuing education that benefits the family long-term
• Escaping domestic violence or unsafe living circumstances
• A new partner with deep roots in another community

Reasons perceived as designed to limit the other parent’s involvement — or as retaliation — will be viewed skeptically by the court.

What Happens If You Move Without Permission?

Moving with your child without notice or court permission can have serious consequences. The court can order the immediate return of the child, alter parenting arrangements in favour of the non-relocating parent, and view the move as a factor against the moving parent in future decisions. In international cases, the Hague Convention on the Civil Aspects of International Child Abduction may apply.

Why This Matters to You

If you are even considering a move with your child, get legal advice before you sign a lease, accept a job, or announce the move to your former partner. Early planning, proper notice, and a thoughtful proposal for maintaining the other parent’s relationship with the child are key to a successful relocation.

Our Toronto family lawyers at Soica & Associates have extensive experience with relocation cases — both for parents seeking to move and for those opposing a proposed move.

This article is intended for general informational purposes only and does not constitute legal advice. Laws may change, and outcomes vary depending on individual circumstances. Please consult a qualified family law lawyer at Soica & Associates for guidance specific to your situation.