# Can My Ex Move Away with the Kids? Relocation Rules in Canadian Family Law Few things create more conflict after separation than one parent wanting to move away with the children. Maybe your ex has announced they're taking a job in another province. Maybe they want to move back to their hometown, hours away. Or maybe you're the one who needs to relocate and you're wondering what's allowed. Relocation disputes are among the most difficult issues in family law. They pit one parent's freedom to move against the other parent's relationship with their children. There's often no perfect solution. In 2021, Canada introduced new rules specifically addressing relocation. This guide explains the current law, what notice is required, how courts decide these cases, and what you can do if you're facing a relocation dispute. ## The 2021 Changes: A New Framework On March 1, 2021, significant amendments to the federal [Divorce Act](/glossary#letter-d) came into effect. These changes included, for the first time, specific rules about relocation with children. Before 2021, relocation cases were decided based on general best-interests principles developed through court decisions. There was no statutory framework, and the law varied somewhat across Canada. Now, the Divorce Act sets out clear definitions of what counts as a relocation, notice requirements that must be followed, factors courts must consider, rules about who bears the burden of proof, and a process for objecting to a proposed move. These rules apply to divorcing or divorced parents under the Divorce Act. Provincial family law statutes may have their own rules for unmarried parents, though many provinces have aligned with or adopted similar approaches. ## What Counts as a "Relocation"? The Divorce Act distinguishes between a **relocation** and a change in residence that doesn't trigger the formal relocation rules. A **relocation** is a change in the residence of a child or parent that is likely to have a **significant impact** on the child's relationship with another person who has parenting time, decision-making responsibility, a pending application for a parenting order, or contact under a contact order. A change of residence that is not likely to have a significant impact on those relationships is simply a move and does not trigger the formal relocation process. (Note: "ordinary move" is not a statutory term, but a plain-language way to describe this distinction.) The distinction matters because relocations trigger specific notice requirements and a formal process. Even when a move is **not** a relocation, the Divorce Act has separate notice requirements. A parent who changes their residence must provide written notice to any person who has parenting time, decision-making responsibility, or contact under a contact order. The notice must include the date of the move and the new address. This is a simpler requirement than the full relocation notice, but it still applies. ### What Makes an Impact "Significant"? The law doesn't specify a distance. Instead, it focuses on the practical impact on relationships. A move of 50 kilometres might be a relocation if it means the child can no longer attend the same school, if it makes the current parenting schedule unworkable, or if it crosses a border that creates logistical problems. A move of 200 kilometres might not be a relocation if the parents already live far apart and the move doesn't substantially change things. Courts look at factors like whether the current parenting arrangement can continue, how the move affects the child's relationship with the other parent, whether the child will need to change schools or leave their community, and practical factors like travel time and costs. If you're unsure whether a proposed move counts as a relocation, it's safer to treat it as one and follow the notice requirements. ## Notice Requirements: What the Law Requires If a parent intends to relocate with a child, they must give **written notice** to every other person who has parenting time, decision-making responsibility, or contact under a contact order. ### What the Notice Must Include The notice must be in the form prescribed by federal regulations and must include the expected date of the relocation, the new address (or if not known, the general location), contact information (or a statement that it will be provided later), and a proposal for how parenting time, decision-making responsibility, and contact could be exercised after the relocation. ### How Much Notice? The notice must be given at least **60 days** before the planned relocation. If circumstances make it difficult to give the full 60 days notice, a court can waive or modify the notice requirements on application. This includes situations involving a risk of family violence. However, this requires a court application. You cannot simply decide on your own to give shorter notice. ### How to Give Notice Use **Form 1 (Notice of Relocation)** from the federal Divorce Act regulations. This ensures you meet the prescribed form requirements. Keep proof that you sent the notice and when. ## What Happens After Notice Is Given Once notice is given, a person who has parenting time or decision-making responsibility has **30 days** to respond. If the person **does not object** within 30 days, and there is no existing court order prohibiting the move, the relocating parent may proceed with the relocation. If the person **objects** within 30 days (or brings a court application opposing the relocation), the relocating parent **cannot relocate with the child** until either the parents reach an agreement, or a court authorizes the relocation. This is an important point: a properly filed objection does stop the relocation until the matter is resolved. ### Who Can Object Only a person who has **parenting time** or **decision-making responsibility** can object to a relocation under the Divorce Act process. A person who has only a contact order cannot formally object, though the relocating parent must still give them notice and propose how contact will continue after the move. ### How to Object An objection must be in writing and must set out the reasons for opposing the relocation. Use **Form 2 (Objection to Relocation)** from the federal regulations. ## Who Bears the Burden of Proof? One of the most significant aspects of the 2021 changes is the rules about burden of proof. These rules determine who must convince the court about whether the relocation should happen. **Important:** The burden of proof rules described below apply when the parties are **substantially complying** with an existing court order, arbitral award, or agreement that establishes their parenting time arrangement. If there is no such order, award, or agreement in place, both parents generally bear the burden of demonstrating whether the relocation is in the child's best interests (the "all other cases" rule applies). ### When Parenting Time Is Substantially Equal If the child spends **substantially equal time** with both parents under an existing order, award, or agreement, the **relocating parent** bears the burden of proving that the relocation is in the best interests of the child. ### When the Relocating Parent Has the Vast Majority of Parenting Time If the child spends the **vast majority of time** with the parent who wants to relocate under an existing order, award, or agreement, the **parent opposing the relocation** bears the burden of proving that the relocation would **not** be in the child's best interests. This reflects the reality that the primary caregiver's life circumstances often need to change, and restricting their ability to move can harm both the parent and the child. ### All Other Cases In all other situations, including where parenting time falls somewhere between "substantially equal" and "vast majority," or where there is no existing order, award, or agreement, **both parents** bear the burden of demonstrating whether the relocation is in the child's best interests. The court considers all the evidence from both sides without placing the burden on one party alone. ## What Courts Consider When deciding a relocation case, the court must consider the **best interests of the child**. The Divorce Act lists specific factors the court must take into account. ### General Best-Interests Factors All the usual [best interests of the child](/glossary#letter-b) factors apply, including the child's physical, emotional, and psychological needs, the child's relationships with each parent, each parent's willingness to support the child's relationship with the other parent, the child's cultural and linguistic heritage, and the child's views and preferences (depending on age and maturity). ### Relocation-Specific Factors In addition, the court must consider the reasons for the relocation, the impact on the child, including how the relocation will affect the child's physical, emotional, and psychological well-being, the proposed arrangements for parenting time after the relocation, whether those arrangements are reasonable and in the child's best interests, whether the notice requirements were followed, any history of family violence, and any other relevant factor. ### The Reasons for the Relocation Courts look at why the parent wants to move. Legitimate reasons often include employment opportunities (a new job, promotion, or transfer), being closer to family support, educational opportunities, a new relationship, and lower cost of living or better housing. Courts are skeptical of relocations that appear designed primarily to limit the other parent's relationship with the child or to gain a tactical advantage in the legal dispute. ### The Impact on the Child This is the central question. How will the move affect the child's relationship with the other parent? Can meaningful contact be maintained? What's the child's connection to their current community, school, and friends? How will the child adjust? ### Whether Contact Can Be Maintained The relocating parent's proposal for how the other parent can stay involved is important. Can regular visits happen during school breaks and summers? Can video calls bridge the gaps? Who will pay for travel? Is the proposed schedule realistic? ## What If You Receive a Relocation Notice? If your ex gives you notice that they intend to relocate with your children, you have important decisions to make quickly. ### Understand Your Options You can **consent** to the relocation if you believe it's in the child's best interests or if you can negotiate acceptable terms. You can **object** within 30 days if you have parenting time or decision-making responsibility and believe the relocation is not in the child's best interests. You can **negotiate** a modified arrangement that addresses your concerns. ### Act Within the Timeline If you want to object, you must do so in writing within **30 days** of receiving the notice. Don't miss this deadline. A properly filed objection prevents the relocation from happening until the matter is resolved. ### Get Legal Advice Relocation cases are complex. The stakes are high. [Talk to a family law lawyer](/blog/how-to-choose-a-divorce-lawyer-in-ontario) as soon as possible. If you can't afford a lawyer, see our guide on [free and low-cost family law help](/blog/free-low-cost-family-law-help-ontario). ### Consider the Child's Perspective Think honestly about what's best for your child, not just what you want. If the relocation has genuine benefits for the child (like better opportunities or more family support), those matter. At the same time, your relationship with your child matters too. If the relocation would seriously harm that relationship, you have every right to raise that concern. ### Document Your Involvement If you've been actively involved in your child's life, make sure you can demonstrate that. Keep records of your parenting time, involvement in school and activities, and communication with your child. ## What If You Want to Relocate? If you're the parent who needs or wants to move with your children, the law requires you to follow a specific process. ### Give Proper Notice Provide written notice at least 60 days before the proposed move. Use Form 1 (Notice of Relocation) to ensure you meet the prescribed form requirements, and include all required information. ### Make a Genuine Proposal Your proposal for how parenting time will work after the move is important. Courts look at whether you're genuinely trying to maintain the child's relationship with the other parent. Offer a realistic, generous schedule for the other parent. Think about who will pay for travel. Consider technology options for staying connected between visits. ### Be Prepared to Explain Your Reasons You may need to explain why the relocation is necessary or beneficial. If it's for work, have documentation. If it's for family support, be ready to explain why that matters. ### Don't Move Before It's Resolved If the other parent objects, **do not relocate with the child** until the matter is resolved through agreement or court order. The law is clear: an objection stops the relocation until it's resolved. Moving without authorization can seriously harm your case and may be treated as wrongful removal. ### Consider the Timing If you know you'll need to relocate eventually, consider addressing it proactively in your [separation agreement](/blog/separation-agreement-ontario-what-to-include) or parenting plan, rather than waiting until it becomes urgent. ## What If There's No Agreement? If the parents can't agree, the matter goes to court. ### Urgent Motions In some cases, the relocating parent may bring an urgent motion asking the court to allow the move on an interim basis before a full hearing. Courts are cautious about interim relocation orders because they can create facts on the ground that are hard to undo. But in some circumstances, particularly where the relocating parent has the vast majority of parenting time and strong reasons for the move, interim orders may be granted. ### Trial or Hearing If the matter isn't resolved at the interim stage, it may proceed to a full hearing or trial where the court will make a final decision. These cases are evidence-intensive. Both parents typically need to present detailed evidence about the child's needs, the proposed arrangements, and why their position is in the child's best interests. ### The Reality of Relocation Litigation Relocation cases are expensive, stressful, and emotionally draining. The outcome is often uncertain. Even if you "win," the conflict can damage the co-parenting relationship for years. If there's any possibility of reaching a negotiated agreement, pursue it. [Mediation](/blog/how-to-choose-a-divorce-mediator-in-ontario) can sometimes help parents find creative solutions. ## Unauthorized Relocation What happens if a parent relocates without proper notice or without waiting for an objection to be resolved? Courts take unauthorized relocation seriously. The parent who moved may face orders to return the child to the original location, changes to the parenting arrangement that favour the other parent, cost consequences, and in extreme cases, findings that affect credibility and future decisions. If you're facing a situation where the other parent has moved without authorization, seek legal advice immediately. Quick action is often important. If you've relocated without proper authorization, you should also get legal advice urgently. The longer the situation continues, the more complicated it becomes. ## What About Moving Within the Same City? A move within the same city or region that doesn't significantly affect the parenting arrangement is generally just a change of residence, not a relocation under the Divorce Act. However, even for moves that are not relocations, the Divorce Act requires you to give notice to the other parent (and anyone else with parenting time, decision-making responsibility, or contact). This notice must include the date of the move and the new address. It's a simpler requirement than the full 60-day relocation notice with a proposal, but it still applies. Parents with a court order or agreement should also check whether it contains any additional terms about providing notice of address changes or restricting moves within a certain area. ## International Relocations If the proposed move is to another country, all the same rules apply, but additional considerations come into play. Courts are particularly careful about international relocations because enforcement of Canadian orders may be difficult in some countries, the practical ability to maintain the relationship with the remaining parent may be more limited, there may be concerns about the child being retained in another country, and costs and logistics of international travel are significant. If you're involved in an international relocation dispute, get legal advice from a lawyer experienced in international family law. ## Key Takeaways A parent cannot simply move away with the children without following proper procedures. The Divorce Act includes specific relocation rules that came into effect on March 1, 2021. A **relocation** is a move that will have a significant impact on the child's relationship with a person who has parenting time, decision-making responsibility, a pending parenting order application, or contact under a contact order. Relocations require at least **60 days written notice** using the prescribed form to everyone with parenting time, decision-making responsibility, or contact. If a person with parenting time or decision-making responsibility **objects within 30 days**, the relocating parent **cannot move** until the matter is resolved by agreement or court order. If no one objects within 30 days and there is no existing court order prohibiting the move, the relocation may proceed. The **burden of proof** depends on the existing parenting arrangement under a court order, arbitral award, or agreement: - When parenting time is **substantially equal**, the relocating parent must prove the move is in the child's best interests. - When the relocating parent has the **vast majority of parenting time**, the objecting parent must prove the move is not in the child's best interests. - In **all other cases** (including where there is no existing order or agreement), both parents bear the burden of demonstrating whether the relocation is in the child's best interests. A person who has only a **contact order** cannot formally object to a relocation under the Divorce Act process, though they must still receive notice. Even for moves that are **not relocations**, the Divorce Act requires notice of the new address to persons with parenting time, decision-making responsibility, or contact. Courts decide relocation cases based on the **best interests of the child**, considering factors like the reasons for the move, the impact on the child, and whether meaningful contact with the other parent can be maintained. If you receive a relocation notice, **act quickly**. You have only 30 days to object if you have parenting time or decision-making responsibility. If you want to relocate, follow the proper process. Give adequate notice using the prescribed form, make a genuine proposal for ongoing contact, and don't move until the matter is resolved if there's an objection. Relocation disputes are among the most difficult in family law. Get legal advice as early as possible. ### Disclaimer This article provides general information about relocation rules in Canadian family law, with a focus on the federal Divorce Act. It is not legal advice. Provincial laws may have different or additional requirements for unmarried parents. For advice about your specific situation, speak to a family law lawyer.