What happens if my co-parent objects to me relocating with our child?

If you give the required notice of relocation and your co-parent objects, they must file a court application within 30 days of receiving your notice. Once they file, you generally cannot proceed with the move until a court has resolved the dispute. Moving the child in defiance of an outstanding objection can seriously harm your case.

The objecting parent brings a court application to prohibit the move. The court then applies the best interests of the child test with the relocation-specific factors set out in the Divorce Act. Depending on the complexity of the case, the matter might be resolved at a motion (a hearing on affidavit evidence) or go to a full trial with oral testimony.

Relocation cases are among the most bitterly contested in family law and can take many months to resolve. They involve evidence about both parents' circumstances, the child's connections, the practicality of the proposed parenting plan, and sometimes expert evidence about the child's views or needs.

If you are the relocating parent, build your case: document your reasons, develop a detailed and realistic revised parenting plan, and engage a lawyer early. Spontaneous or poorly prepared relocation applications tend to fail.