Do the *Divorce Act* relocation rules apply if we were never married?

The federal Divorce Act applies only to married spouses who are divorcing. If you and your co-parent were never married, the Divorce Act relocation rules — including the formal 60-day notice requirement — do not technically apply to you. Instead, you are governed by Ontario's Children's Law Reform Act and common law.

That said, the practical obligations are very similar. Ontario family courts expect both parents to provide reasonable advance notice of a planned move. Moving a child without notice and without consent can lead to court intervention regardless of marital status. Judges deciding whether to allow or prohibit a relocation by unmarried parents apply the same best interests of the child framework, considering many of the same factors as under the Divorce Act.

If you have an existing parenting order made under the Children's Law Reform Act, that order governs your situation and moving a child in breach of it is equally serious. You still need consent or a court order to relocate.

For clarity and protection, many unmarried parents include relocation clauses in cohabitation agreements or parenting plans.