Can I move to another country with my child after separating in Ontario?

International relocation with a child is among the most serious and complex situations in family law. Moving to another country without your co-parent's consent and without a court order is considered wrongful removal under the Hague Convention on the Civil Aspects of International Child Abduction — a treaty Canada has signed with many countries — and can result in the child being ordered home.

The Divorce Act relocation rules apply to international moves as well as domestic ones: you must give at least 60 days' notice and propose a revised parenting plan. If your co-parent objects, the matter goes to court. Judges are cautious about allowing moves abroad because meaningful parenting time with the non-moving parent is much harder to maintain across an ocean.

If a child is wrongfully taken to another country, the parent left behind can apply to have the child returned under the Hague process, and Canadian authorities assist. Similarly, if a child is brought to Canada from another country, Ontario courts apply the treaty.

If you are considering an international move — or if you believe your co-parent is about to take your child abroad without authorization — consult a lawyer immediately.