Moving Away With Your Children After Separation in Ontario

Moving after a separation can be about a new job, family support or a lower cost of living. For the other parent, it can mean losing regular time with the children. Ontario law sets out a process so that these changes are not sprung on anyone.

This article explains the notice rules, how objections work and how courts decide. The relocation rules described here come from the Divorce Act, which applies to married spouses. Parents who are unmarried, or married but not seeking a divorce, fall under Ontario's Children's Law Reform Act, whose rules are similar in many respects but should be confirmed with a lawyer for your situation.

What counts as a relocation and who must give notice

A person with parenting time or decision-making responsibility who plans to relocate must give notice at least 60 days before the expected move date. The notice must state the date, the new address and contact information, and a proposal for how parenting time, decision-making or contact could be exercised.

A move can count even if it is short. It is a relocation if it means the child's current parenting schedule will no longer work. Notice is also required when the parent is moving without the child.

For parenting orders made under the Children's Law Reform Act, the Ontario court forms site publishes a Notice of Relocation Form for a person with a parenting order and a Notice of Change in Place of Residence Form for a person with contact, both effective March 1, 2021.

Responding to a notice

The person receiving the notice has 30 days to object, using the Objection to Relocation form or by applying to court. If there is no objection within 30 days and no order prohibits the move, the relocation may go ahead on the date in the notice. A person who has only a contact order cannot object.

Agreement is often the fastest route. If both parents consent, put the new arrangements in writing. A written agreement on parenting arrangements must be signed by both parents in front of a witness. Where appropriate, parties are expected to try family dispute resolution such as negotiation or mediation, though agreement is not required to go to court.

How a court decides

Besides the child's best interests, the court considers the reasons for the move, its impact on the child, time spent with each parent, compliance with the notice requirements, any existing geographic restrictions, and how reasonable the proposed parenting changes are. The court must not consider whether the parent would move without the child if the move were prohibited.

Who has to prove what depends on the current arrangement. The standard is the balance of probabilities.

Special situations

• Family violence: a court can waive or change the relocation notice requirements, including where there is a risk of family violence. A court must also consider family violence, whether or not it is a criminal offence, when making parenting decisions.
• Moving without notice or agreement: compliance with the notice rules is one of the factors a court weighs, so skipping them can hurt your position.
• A child taken by a family member: a parent can apply to family court to have the child returned, even if the child was taken out of Ontario. A parenting order or agreement must be in place before decision-making and parenting time can be enforced. For Hague Convention countries, you can contact the Ontario Central Authority at 416-240-2411.
• Moves outside Canada or involving unmarried parents: the details can differ, so get legal advice before acting.

What to do next

If you want to move, plan well ahead. If you are receiving a notice, mark the 30-day deadline right away.

• Check what your existing order or agreement says about moving or geographic limits
• Count the 60 days from the notice to the expected move date and do not move early
• Include the date, new address, contact details and a realistic parenting proposal in your notice
• If you receive a notice, diarize the 30-day objection deadline
• Gather evidence on the reasons for the move and its effect on the child
• Try mediation or negotiation before heading to court
• Speak with a lawyer early, especially if you are unmarried or family violence is a concern

Frequently asked questions