Can I Move to Another City or Province With My Child After Separation in British Columbia?
This answer covers the law of British Columbia.
Sometimes you can: the relocation rules apply where a written agreement or order applies and the move can reasonably be expected to significantly affect the child's relationship with a guardian or significant person. Where one does, a guardian planning to relocate a child must give the other guardians and contact persons at least 60 days' written notice of the date and proposed location. A court can exempt notice if it would risk family violence or there is no ongoing relationship.
The child may be relocated on or after the date in the notice unless another guardian applies to the court to prohibit it within 30 days of receiving the notice. In Provincial Court that application uses Form 16.
If it goes to court, the judge weighs best interests factors plus relocation factors, including the relocating guardian's good faith and whether reasonable arrangements preserve relationships. If the child spends substantially equal time with each guardian, the relocating guardian must prove good faith, reasonable arrangements and best interests. If time is not substantially equal, the move is presumed to be in the child's best interests once the relocating guardian proves good faith and reasonable arrangements, unless the other guardian shows otherwise. If no agreement or order applies, section 46 governs instead.
Key takeaways
- Where a parenting agreement or order applies, a guardian planning to relocate a child must give other guardians and contact persons at least 60 days' written notice stating the date and proposed location.
- Another guardian has 30 days from receiving notice to apply to the court to prohibit the move, and in Provincial Court that application uses Form 16.
- The court must not consider whether the relocating guardian would move anyway if the relocation were refused.
- Who has to prove what depends on whether the child spends substantially equal time with each guardian.