How much notice do I have to give the other parent before relocating with our child in New Brunswick?
This answer covers the law of New Brunswick.
If the Divorce Act applies, you must give written notice at least 60 days before the expected date of the move. The notice must be in the prescribed form and go to anyone with parenting time, decision-making responsibility or contact. The court can modify or waive the notice requirements, including where there is a risk of family violence.
The other parent can respond. 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. Where the parties substantially comply with an order or agreement giving substantially equal parenting time, the relocating party has the burden of proving the move is in the child's best interests.
If you were never married, or there is no divorce case, the Family Law Act applies instead. A parent who intends to relocate must notify others with parenting time, decision-making responsibility or contact, and if less than 60 days' notice is given, reasons must be given. The same 30-day objection window applies. Which law applies depends on your situation, so confirm it with a lawyer.
Key takeaways
- Under the Divorce Act, written notice in the prescribed form is required at least 60 days before the expected date of the move.
- The move may proceed if the court authorizes it, or if the other party does not object within 30 days of receiving the notice 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 and non-divorce cases fall under the Family Law Act, which requires reasons if less than 60 days' notice is given.