Can I Relocate Within BC With My Child Without Going to Court?
This answer covers the law of British Columbia.
Often you can, but it depends on whether a written agreement or order about parenting already applies and on how the move affects your child's relationships. Under the Family Law Act, a relocation is a change in the residence of the child or a guardian that can reasonably be expected to significantly affect the child's relationship with a guardian or another significant person. There is no set distance or kilometre limit; the definition turns on the effect on relationships.
If a written agreement or order on parenting arrangements applies, a guardian planning a relocation must give every other guardian and every person with contact at least 60 days' written notice. The move can go ahead on the stated date unless another guardian applies to prohibit it within 30 days of receiving the notice.
If no written agreement or order applies, that notice and objection process does not apply, but a court asked for a parenting order will still consider the reasons for the move. If you and your ex were married, the Divorce Act's own relocation rules apply, while unmarried parents proceed under the Family Law Act. A lawyer can help you confirm which rules fit your situation.
Key takeaways
- Under the Family Law Act, relocation has no kilometre limit and turns on whether the move can reasonably be expected to significantly affect your child's relationships.
- When a written agreement or order on parenting arrangements applies, you must give other guardians and people with contact at least 60 days' written notice.
- If no written agreement or order applies, the notice and objection process does not apply, but a court asked for a parenting order will consider the reasons for the move.
- If you and your ex were married, the Divorce Act relocation rules apply instead, with their own 60-day notice and 30-day objection window.