How does an Ontario court decide whether to allow a parent to relocate with a child?

Under the federal Divorce Act, courts deciding a relocation application apply the best interests of the child test with a specific set of factors for relocation situations. These include the reasons for the move, the impact of the move and of permitting or refusing it on the child, the current parenting arrangements, the child's views, whether each parent will comply with court orders, and any history of family violence.

The Divorce Act also sets out how the burden of proof is allocated. Where parenting time is roughly equal (sometimes called "substantially equal"), the parent wishing to move bears the burden of showing the move is in the child's best interests. Where one parent has the majority of parenting time, the relocating parent is favoured unless the other parent can show the move is not in the child's best interests.

Courts do not assume that a parent's legitimate reason for moving — a new job, support network, family — automatically justifies taking the child. They look at what the move means for the child's relationships, schooling, community, and stability, and whether a revised parenting plan can genuinely preserve the child's relationship with the other parent.