What counts as a 'relocation' under Ontario and federal family law?
Under the federal Divorce Act, "relocation" has a specific legal meaning: it is a change in residence by a child or a parent that would be likely to have a significant impact on the child's relationship with the other parent or another person with parenting time or contact. Not every move triggers the relocation rules — a short move within the same city typically does not qualify.
A move that takes the child far enough away that the existing parenting schedule becomes unworkable — for example, from Toronto to Calgary, or from Mississauga to Ottawa — will usually be considered a relocation.
The Divorce Act introduced formal notice requirements: a parent who wants to relocate must give the other parent (and anyone else with contact rights) at least 60 days' written notice. The notice must include the intended new address, contact information, and a proposed revised parenting plan showing how the child's relationship with the other parent can be maintained.
If both parents agree to the move and the revised plan, they can proceed by consent. If there is no agreement, the parent wishing to relocate must apply to court.
Key takeaways
- Relocation means a move that significantly impacts the other parent's relationship with the child.
- Short local moves typically do not trigger the formal relocation rules.
- The Divorce Act requires at least 60 days' written notice before relocating.
- Notice must include the new address and a proposed revised parenting plan.