How much notice do I have to give before moving away with my child in Ontario?
Under the federal Divorce Act, a parent who intends to relocate must give written notice to anyone else with parenting time or contact at least 60 days before the planned move. The notice must include: the anticipated date of the move, the new address and contact details, and a proposed parenting plan showing how the other parent's relationship with the child will be maintained after the move.
These requirements apply to married parents who are governed by the Divorce Act. Unmarried parents governed by Ontario's Children's Law Reform Act face similar practical obligations — courts will scrutinize any move that was done without notice — but the formal 60-day statutory requirement flows from the Divorce Act.
The 60-day notice period gives the other parent time to decide whether to object and, if so, to file a court application to prevent the move. If the other parent files an objection in court within 30 days of receiving the notice, the relocating parent generally cannot move until the court resolves the matter.
If a parent has experienced family violence or has safety concerns about disclosing their address, the court can modify the notice obligations.
Key takeaways
- At least 60 days' written notice is required under the Divorce Act before relocating.
- Notice must include the new address, date, and a proposed revised parenting plan.
- If the other parent objects within 30 days, you generally cannot move until court resolves it.
- Safety concerns can modify notice obligations.