Can a separation agreement prevent one parent from moving away with the children in Ontario?

A separation agreement can include a relocation clause that sets out what happens if one parent wants to move — for example, requiring notice within a specified period and a process for the parties to negotiate or mediate before any move occurs. However, a clause that categorically prohibits a parent from ever relocating is very difficult to enforce and unlikely to be upheld if challenged in court.

Under the Children's Law Reform Act (as amended to align with the federal Divorce Act), a parent who intends to relocate in a way that would affect parenting time must generally give the other parent written notice at least 60 days in advance. The other parent can object, and if they do, the relocating parent must either abandon the move or apply to the court for permission.

Courts weigh the best interests of the children in relocation cases, considering factors such as the reason for the move, the impact on the children's relationship with the non-moving parent, whether the parenting plan can be restructured to maintain meaningful relationships, and the children's own views.

A well-drafted separation agreement that establishes a structured process for addressing proposed relocations — rather than an outright prohibition — is more likely to be effective and respected.