- A relocation is a move that can reasonably be expected to significantly affect the child's relationship with a guardian or other significant person.
- A guardian planning to relocate a child must give at least 60 days' written notice, and another guardian has 30 days to apply to the court to stop the move.
- The court looks at the child's best interests, the moving guardian's good faith and whether reasonable arrangements preserve relationships, and the burden of proof depends on how much time the child spends with each guardian.
Moving after separation is rarely just a change of address. If you share care of a child, a move to another city, province or country can change how the other parent sees the child. British Columbia has specific rules about this, and they apply whether you are the parent who wants to move or the parent who has just been told about a move.
This article explains the main steps in plain language: when the rules apply, the notice a moving guardian must give, how another guardian can object, and what a court weighs. Every family is different, so treat this as a map and not a substitute for advice on your own situation.
This article covers the law of British Columbia.
What counts as a relocation
Under the Family Law Act, a relocation is a change in residence of a child or a guardian that can reasonably be expected to significantly affect the child's relationship with a guardian or another significant person. A short move across town that leaves the schedule untouched may not qualify, while a move that makes the current schedule unworkable probably does.
The relocation rules (Division 6) apply where a guardian plans a relocation and a written agreement or order about parenting arrangements or contact is in place. If no agreement or order applies, section 46 governs a guardian's planned change of the child's residence on application, and the court must not consider whether the guardian planning to move would do so without the child.
The 60-day written notice
A guardian planning to relocate a child must give the other guardians and any contact persons at least 60 days' written notice. The notice must state the date of the move and the proposed location.
There is an exception. A court may exempt a guardian from giving notice where notice would risk family violence or where there is no ongoing relationship. If you think this applies to you, it is worth getting legal advice before you decide to skip notice.
- Put the notice in writing and keep a copy.
- State the date of the planned move.
- State the proposed new location.
- Record how and when you delivered it.
If you want to stop the move: the 30-day window
After notice is given, the child may be relocated on or after the date in the notice unless another guardian applies to the court to prohibit it within 30 days of receiving the notice. In Provincial Court, this application uses Form 16, Application for order prohibiting the relocation of a child.
The deadline matters. If you are the guardian receiving notice and you disagree, do not wait. If you are the moving guardian, the notice date and the 30-day period are what let you know when you can proceed.
How a court decides
The court considers the best interests factors in section 37, plus factors specific to relocation. Those include the moving guardian's good faith, looking at the reasons for the move, the expected quality-of-life gains and the notice given, and whether reasonable arrangements are proposed to preserve the child's relationships. The court must not consider whether the guardian would move anyway if relocation were refused.
Who must prove what depends on the parenting schedule. The Act does not presume equal parenting time or any particular arrangement. The burden then falls as follows:
| Situation | What the relocating guardian must show | Effect |
|---|---|---|
| Child spends substantially equal time with each guardian | Good faith, reasonable arrangements, and that the move is in the child's best interests | The moving guardian carries the whole burden |
| Time is not substantially equal | Good faith and reasonable arrangements | The move is presumed in the child's best interests unless the other guardian shows otherwise |
Because the child's best interests come first, the court considers factors such as the child's health and emotional well-being, the child's views unless inappropriate to consider them, the child's need for stability and the impact of any family violence.
Orders to prevent removal from an area
Separately, section 64 lets a court order that a person not remove a child from a specified geographical area. If the court is satisfied that a person proposes to remove the child from BC and is unlikely to return, it can order security, surrender of passports and travel records, transfer of property to a trustee, or payment of child support to a trustee. Section 64 does not apply to a relocation under Division 6.
What to do next
- Find your current agreement or order and check whether it covers parenting arrangements or contact.
- If you plan to move, prepare written notice with the date and location, and allow at least 60 days.
- If you receive notice, note the date you received it and count 30 days.
- Prepare a realistic plan for how the child's relationships will be preserved.
- Speak with a family lawyer before you give notice, object, or file Form 16.
Frequently asked questions
Do I need the other parent's consent to move with my child?
Not necessarily. Where a written agreement or order on parenting arrangements or contact applies, a guardian planning to relocate a child must give at least 60 days' written notice, and the move can go ahead on or after the notice date unless another guardian applies to the court within 30 days. If no agreement or order applies, section 46 governs a planned change of the child's residence on application. If an application is made, the court decides based on the child's best interests.
Does 50/50 parenting time mean the other parent can block a move?
No. The Act presumes no particular arrangement, including equal time. Where time is substantially equal, though, the moving guardian carries the full burden of proof.
What if there is no agreement or order in place?
The Division 6 relocation rules apply where a written agreement or order on parenting arrangements or contact applies. Without one, section 46 governs a planned change of the child's residence on application.
Which form do I file in Provincial Court to oppose a move?
In Provincial Court, an application to prohibit a relocation uses Form 16, Application for order prohibiting the relocation of a child. It must be made within 30 days of receiving the notice.
Sources
- Family Law Act, s. 40(4) (BC Laws, Part 4) — bclaws.gov.bc.ca
- gov.bc.ca – Provincial family forms — www2.gov.bc.ca
- Family Law Act, s. 64 (BC Laws, Part 4) — bclaws.gov.bc.ca
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
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