Can I move to another city or province with my child in Alberta?
This answer covers the law of Alberta.
Whether you can move with your child depends on how much the move affects your child's relationship with the other parent. Under the Divorce Act, a move that is likely to have a significant impact on that relationship is a relocation. For a relocation, you must give notice at least 60 days before the expected date, in the form and manner prescribed by regulation.
A relocation with the child may proceed if the other person does not object within 30 days after receiving the notice, or if a court authorizes it. A court can waive or modify the notice requirements, including where there is a risk of family violence. A smaller move that is not a relocation still requires written notice to anyone with parenting time, decision-making responsibility or a contact order.
If the court decides, it looks at the reasons for the move, the impact on the child, the time each person spends with the child and compliance with orders and notice, and it cannot consider whether you would move without the child. Where no divorce has started, the Family Law Act may apply instead, so confirm which notice rules govern you with a lawyer.
Key takeaways
- A move likely to have a significant impact on the child's relationship with a parent or contact person is a relocation under the Divorce Act.
- A relocation requires notice at least 60 days before the expected date, and the move may proceed if there is no objection within 30 days or a court authorizes it.
- A move that is not a relocation still requires written notice to anyone with parenting time, decision-making responsibility or a contact order.
- If the child spends the vast majority of time with the parent who wants to move, the person opposing must prove the move is not in the child's best interests.