Can You Move Away With Your Child in Ontario? Relocation Rules

Moving for a job, family support or a fresh start is a big decision when you share parenting of a child. A move across the city can be an ordinary change. A move to another city or province can change how often the other parent sees your child.

This article explains the notice rules, the objection process and the test courts apply in Ontario. Each situation is different, so it is worth speaking with a lawyer before you commit to a move date.

Notice of a move versus notice of a relocation

A person with decision-making responsibility or parenting time who plans to change residence must notify others who have decision-making responsibility, parenting time or contact, and the notice must be in writing.

A relocation is a more serious category. It means a move likely to significantly affect the child's relationship with a person who has parenting time, decision-making responsibility or contact. Whether your move counts depends on the facts, including distance and the current schedule, so a lawyer can help you assess it.

The 60-day notice

Notice of a relocation must be given at least 60 days before the expected move date, in the prescribed form. The notice must include a proposal for how parenting time, decision-making and contact would work after the move.

There is an exception. A court may, on application, waive or modify the notice requirements, including where there is a risk of family violence. Do not skip the notice on your own because of safety worries; ask the court.

• Put the proposal in concrete terms: a new schedule, holidays, and video calls.
• Be realistic about travel, since the court may divide the costs of exercising parenting time between the parties if a relocation is authorized.
• Keep proof of when and how the notice was delivered.

Objecting, and when the move can go ahead

The other party may object within 30 days of receiving the notice. Under the Divorce Act, they do this on the prescribed objection form or by bringing an application.

A relocation may go ahead on the notice date only if a court authorizes it, or if no objection is made within 30 days and no order prohibits the move. Justice Canada says that if there is an objection, the child cannot move without a court order. A parenting order may also contain conditions, such as stopping a party from changing the child's residence, school or day care without consent or a court order, or from removing the child from Ontario.

The test courts apply

In deciding whether to allow a relocation, the court considers the child's best interests plus other factors, including the reasons for the move, its impact on the child, and whether the moving party followed the notice requirements. The court must not consider whether the parent would move without the child if the move were refused. The child's safety, security and well-being come first.

For an interim order, the court may decide not to apply these burden-of-proof rules. Justice Canada also says the Divorce Act gives no way to object to a parent moving without the child.

What to do next

• Read your current order or separation agreement for any move or travel conditions.
• Decide whether your move is likely to significantly affect the child's relationship with the other parent.
• Prepare a detailed post-move parenting proposal and a realistic travel plan.
• Give written notice well before the 60-day mark, in the prescribed form.
• Try a family dispute resolution process where appropriate.
• If you are a parent receiving notice, note the 30-day objection deadline right away and get legal advice.

Frequently asked questions