Can I move out of New Brunswick with my child after separation?
This answer covers the law of New Brunswick.
Moving away with your child generally starts with written notice to the other parent, who may object. Under the Divorce Act, a person with parenting time or decision-making responsibility who intends a relocation must notify, in writing in the prescribed form, anyone with parenting time, decision-making responsibility or contact at least 60 days before the expected move.
The move may go ahead on the notice date if the court authorizes it, or if the other party does not object within 30 days after receiving the notice and no order prohibits it; otherwise an objection must be resolved by agreement or court order. The court can modify or waive the notice requirements, including where there is a risk of family violence. If the parties substantially comply with an order or agreement giving substantially equal parenting time, the relocating parent must prove the move is in the child's best interests.
If you are unmarried or not in a divorce case, the Family Law Act applies instead: less than 60 days' notice requires reasons, and the move may proceed if the Court authorizes it or no objection is made within 30 days and no order prohibits it. A lawyer can confirm your situation before you plan a move.
Key takeaways
- Written notice in the prescribed form is required at least 60 days before a relocation under the Divorce Act.
- The move can proceed if the court authorizes it, or if the other party does not object within 30 days and no order prohibits it.
- The court can modify or waive the notice requirements, including where there is a risk of family violence.
- Unmarried parents rely on the Family Law Act, which has its own notice rules and a 30-day objection period.