Can I move to another city or province with my child without my co-parent's agreement?
Generally no — not if the move would qualify as a relocation and your co-parent objects. Under the Divorce Act, if a move would significantly affect the other parent's parenting time and they do not consent, you must apply to court for permission before making the move with the child.
Moving without consent and without a court order can have serious consequences. A court can order the child returned, make adverse cost awards against you, and view your conduct negatively in future parenting proceedings. Moving without permission is not treated lightly.
If you have a parenting order or separation agreement, check whether it includes a non-relocation clause. Many orders explicitly require court approval or mutual consent before a child is moved beyond a certain distance or outside a geographic area.
The process involves giving at least 60 days' notice to the other parent under the Divorce Act, proposing a revised parenting plan, and then — if there is no consent — filing a court application. The court applies a best interests of the child analysis, considering a long list of factors specific to relocations.
Key takeaways
- Moving a child without consent when the other parent objects is not permitted.
- Moving without court approval can lead to orders returning the child.
- Check your parenting order or agreement for any existing geographic restrictions.
- The formal process requires 60 days' notice and a proposed revised parenting plan.