How Would the Move Affect the Child?
A proposed move may offer more affordable housing, a new job, or support from extended family. It may also change how often a child sees each parent, attends activities, or travels to school. You may be considering a move or responding to a proposal. Before plans are finalized, the practical effect on the child and the legal requirements need attention. A parent’s decision about where to live is distinct from whether the child can move with them.
Not Every Move Is a Relocation
In family law, a relocation is a change of residence expected to significantly affect a child’s relationship with a parent or another person with relevant parenting or contact rights.
Distance alone does not determine the answer. A move within the GTA could make weekday parenting time impractical because of travel times, school hours, or transportation limits. Another move may leave the existing schedule largely workable. A move that does not qualify as a relocation may still require notice and compliance with an agreement or court order. The applicable rules depend on whether the matter falls under the Divorce Act or Ontario’s Children’s Law Reform Act.
Questions That Need Attention Before Moving
Common concerns include:
- Whether the current parenting schedule could continue.
- How school, childcare, friendships, and activities would be affected.
- Whether the move would improve housing, employment, or family support.
- How travel time and costs would be shared.
- Whether longer visits during holidays could realistically maintain relationships.
- What notice is required and how an objection must be made.
A proposal should explain more than the benefits of the new location. It should also address the everyday care and relationships that would change.
Notice and Objections Have Their Own Requirements
Where the relocation rules apply, at least 60 days’ notice is generally required. The notice must include specified information, including the proposed move date, new address, and a proposal for parenting or contact arrangements. A person with decision-making responsibility or parenting time generally has 30 days after receiving the notice to make a formal objection. An informal disagreement may not satisfy the applicable requirements, so the form and timing of the response should be checked promptly. Giving notice does not, by itself, authorize a disputed relocation. If a valid objection is made, the child cannot be relocated without resolving the objection or obtaining court authorization. If no objection is made, relocation may proceed only where the applicable legal conditions are met, including any restrictions in existing orders. Safety concerns can affect notice requirements. A court can modify or waive requirements in appropriate circumstances, including where there is a risk of family violence. Legal advice should be obtained before disclosing an address that could create danger.
How the Proposed Move Is Assessed
The child’s best interests govern the decision, with priority given to safety, security, and well-being. Relevant considerations include the reasons for moving, the effect on the child, each parent’s involvement, and the practicality of the proposed arrangements. For example, additional time during school holidays may preserve meaningful contact, but it does not necessarily replace regular involvement in schoolwork, appointments, or activities. Travel costs, the child’s age, and the demands of the journey also matter. The existing care arrangement can affect which parent bears the burden of proving whether relocation is in the child’s best interests. The wording of any agreement or order and how it has actually been followed therefore need careful review. A job offer, lower housing costs, or access to grandparents may support a proposal, but no single benefit determines the outcome. The assessment considers the child’s circumstances as a whole.
Resolving the Proposal Before Commitments Become Fixed
Where discussion is safe and appropriate, a detailed proposal can support negotiations about timing, parenting schedules, transportation, and costs. School calendars and realistic travel estimates can help both parents assess whether the plan would work.
Signing a lease, enrolling a child in school, or booking travel does not establish permission to relocate. Making commitments before the legal position is clear can add financial pressure without resolving the disagreement. If agreement is reached, the revised arrangements should be recorded appropriately, including any necessary changes to an existing order. If the proposal remains disputed, a court decision may be needed before the move can proceed. An upcoming departure date does not remove the need to meet the applicable notice and legal requirements. The goal is to resolve whether the child can move and how care will continue before the proposed departure becomes an immediate crisis.
