What happens if the other parent objects to my relocation in New Brunswick?
This answer covers the law of New Brunswick.
If the other parent objects within 30 days after receiving your notice, the move cannot go ahead on the notice date unless the court authorizes it; otherwise the objection must be resolved by agreement or court order. If no objection is made in that time and no order prohibits the move, it may proceed.
Under the Divorce Act, a parent with parenting time or decision-making responsibility who intends to relocate must give written notice, in the prescribed form, at least 60 days before the expected date of the move 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. Unmarried parents follow the Family Law Act, which requires reasons if less than 60 days' notice is given and uses the same 30-day objection rule.
In court, the judge considers factors such as the reasons for the move and its impact on the child. Where the parties substantially comply with an order or agreement giving substantially equal parenting time, the parent who wants to relocate has the burden of proving the move is in the child's interests. Keep your notice and any response in writing.
Key takeaways
- The relocating parent must give written notice in the prescribed form at least 60 days before the expected date of the move.
- The move may proceed if the court authorizes it, or if no objection is made within 30 days 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.
- Where parenting time is substantially equal under an order or agreement, the relocating parent must prove the move is in the child's interests.