Moving Away With Your Child After Divorce in Alberta: Relocation Notice Rules

Wanting to move after a separation is common. You might be chasing a job, family support or a lower cost of living. If you share parenting with your child's other parent, though, a move can affect that parent's relationship with the child. The law sets out steps you must follow first.

This article explains the federal Divorce Act rules that apply when you are divorcing or divorced. It covers what counts as a relocation, the notice and objection timelines, and what a court weighs if the parents disagree. It is general information, not advice on your situation.

This article covers the law of Alberta.

Relocation and an ordinary move are not the same thing

The Divorce Act treats two kinds of moves differently. A relocation is a change in the place of residence of the child, or of a person with parenting time or decision-making responsibility, that is likely to have a significant impact on the child's relationship with a person with parenting time, decision-making responsibility or contact.

If you intend to change your residence or the child's, but the move is not a relocation, you still have to give written notice to anyone else who has parenting time, decision-making responsibility or a contact order. A move across town that leaves the schedule workable is the kind of change that may fall here. Whether a particular move is a relocation depends on its likely effect on the child's relationships, so it is worth getting advice if you are unsure.

• Ordinary change of residence: written notice to the others involved.
• Relocation: notice at least 60 days before the expected move, in the prescribed form and manner.

The 60-day notice and the 30-day objection window

A person who intends to relocate must give notice at least 60 days before the expected date of the relocation, in the form and manner set by regulation. Using the prescribed form matters, so do not rely on an informal text or email alone.

The other person then has 30 days after receiving the notice to object, using the prescribed form. A relocation with the child may proceed if no objection is made in that time, or if a court authorizes the relocation. If an objection is filed, the move needs the court's authorization or the other person's consent.

When notice rules can be waived or changed

The court can waive or modify the relocation notice requirements, including where there is a risk of family violence. This matters if giving advance notice, such as your new address, could put you or your child at risk. If that is your concern, speak with a lawyer about asking the court for relief before you rely on any shortcut.

What the court weighs, and who has to prove what

Every parenting decision under the Divorce Act rests on the child's best interests alone. When the court applies the list of best-interests factors, it must give primary consideration to the child's physical, emotional and psychological safety, security and well-being.

In a relocation case, the court considers the reasons for the move, the impact on the child, the amount of time each person spends with the child, and compliance with orders and notice requirements. It must not consider whether the person would relocate without the child, or would not relocate if the move were prohibited.

The burden of proof depends on the existing arrangement:

• Substantially equal time, with the order or agreement substantially followed: the person who wants to relocate must prove the move is in the child's best interests.
• The child spends the vast majority of time with the person who wants to move: the person opposing must prove the move is not in the child's best interests.
• Other situations: the burden is shared.
• On an interim order, the court may decide not to apply the first two burdens.

If you are not divorcing: the Family Law Act

The Divorce Act applies only where there is a divorce proceeding. Unmarried parents, and parents who have not started a divorce, proceed under Alberta's Family Law Act. Once a divorce action has started, parenting is dealt with under the Divorce Act instead.

The rules above should not be assumed to apply under the Family Law Act. If you have a Family Law Act parenting order and want to change it, the process uses a Claim – Family Law Act, a Statement – Vary Parenting and an Affidavit of Service – Applicant. A lawyer can tell you which statute governs your case and what notice is expected.

What to do next

• Find your current order or agreement and check how much time the child spends with each parent.
• Work out whether the move is likely to significantly affect the child's relationship with the other parent, since that decides whether it is a relocation.
• If you plan to relocate, prepare the notice in the prescribed form and manner and allow at least 60 days.
• If you receive a notice, note the date you received it, because the 30-day objection period runs from then.
• If safety is a concern, get legal advice promptly about asking the court to waive or change notice rules.
• Collect records of your reasons for the move and how you would support the child's relationship with the other parent.

Frequently asked questions