Mobility and Relocation After Separation in Ontario: What You Need to Know

What Is Relocation Under the Divorce Act?

Under the amended Divorce Act, ‘relocation’ means a move that would have a significant impact on the child’s relationship with the other parent. Moving across town may not qualify as a relocation in the legal sense. Moving to another province or country almost certainly will. The test is whether the move significantly affects the child’s relationship with the non-moving parent.

Notice Requirements for Relocation

A parent who wants to relocate with a child must provide the other parent with at least 60 days’ written notice. The notice must include the proposed date of the move, the address of the new location, and a proposed revised parenting plan. Failure to provide proper notice can seriously damage a parent’s case before the court.

The Other Parent’s Options

After receiving notice of a proposed relocation, the other parent has 30 days to object in writing. If they do not object, the relocating parent may be permitted to move. If they do object, the matter will proceed before the court for a decision. Neither parent should relocate with the children before obtaining the other’s written consent or a court order.

How Courts Decide Relocation Cases

Courts apply the best interests of the child test, considering all relevant factors. The Divorce Act specifies that courts must consider the reasons for the move, the impact on the child’s relationship with the non-moving parent, whether the child’s educational, emotional, and developmental needs can be met after the move, the proposed revised parenting plan, and any family violence.

Burden of Proof in Relocation Cases

The burden of proof in relocation cases depends on the existing parenting arrangement. If the child primarily lives with the parent wishing to relocate, that parent must show that the relocation is in the child’s best interests. If parenting time is relatively equal, the relocating parent bears the burden of showing the move is in the child’s best interests. If parenting time is primarily with the other parent, the relocating parent must show the move is in the child’s best interests.

Domestic vs. International Relocation

International relocation raises additional concerns, including jurisdiction, enforcement of parenting orders across borders, and travel documents. Courts approach international relocation with particular caution when there are concerns about parental abduction or non-return.

Practical Tips for Parents Considering Relocation

• Provide proper written notice well in advance of the proposed move date.
• Engage in good-faith discussion with the other parent before resorting to court.
• Present a realistic and detailed revised parenting plan.
• Do not relocate without consent or a court order.
• If opposing a relocation, respond in writing within 30 days of receiving notice.