- Where a written agreement or order on parenting arrangements or contact applies, a guardian planning to relocate a child must give other guardians and contact persons at least 60 days' written notice, although the court may exempt notice where it would risk family violence or there is no ongoing relationship, and if no agreement or order applies, section 46 governs a planned change of the child's residence on application.
- Another guardian who objects must apply to the court within 30 days of receiving the notice.
- The court decides relocation on the child's best interests, and who must prove what depends on how much time the child spends with each guardian.
Wanting to move after separation, for work, family support or a fresh start, is common. But if you share a child with someone, a move can change that child's relationship with the other parent, and the Family Law Act sets out a process you need to follow.
This article explains what counts as relocation, the notice you must give, how the other parent can object, and the test the court applies. Every case turns on its facts, so treat it as general information.
This article covers the law of British Columbia.
What counts as a relocation
Under the Act, relocation means a change in residence of a child or guardian that can reasonably be expected to significantly affect the child's relationship with a guardian or another significant person.
These rules apply where a guardian plans a relocation and a written agreement or order about parenting arrangements or contact applies. If no agreement or order applies, section 46 governs a guardian's planned change of the child's residence on application.
Giving notice
A guardian planning to relocate a child must give the other guardians and any contact persons at least 60 days' written notice stating the date and proposed location of the move.
The court may exempt a person from giving notice where notice would risk family violence or there is no ongoing relationship. Do not assume you are exempt; only the court can decide that.
If the other parent objects
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, that application uses Form 16, Application for order prohibiting the relocation of a child.
If you receive a notice, the timeline matters. If you are the parent who is moving, expect that a filed application may mean you need to wait for the court's decision before moving the child.
The test the court applies
The court considers the best interests factors in section 37 plus relocation-specific factors. These include the relocating guardian's good faith, looking at reasons, expected quality-of-life gains and notice given, and whether reasonable arrangements preserve the child's relationships. The court must not consider whether the guardian would move anyway if relocation were refused.
Who carries the burden depends on the child's schedule:
| Child's time with each guardian | What the relocating guardian must show |
|---|---|
| Substantially equal | Good faith, reasonable arrangements, and that the relocation is in the child's best interests |
| Not substantially equal | Good faith and reasonable arrangements; the relocation is then presumed in the child's best interests unless the other guardian shows otherwise |
What to do next
- Read your current agreement or order to see how it deals with parenting time.
- Plan the move early so you can give at least 60 days' written notice.
- Put the date and proposed location in the notice.
- Think about practical arrangements that would keep the child's relationships going.
- If you receive notice and object, remember the 30-day limit to apply.
- Talk to a lawyer before moving, since a move without following the process can cause serious problems.
Frequently asked questions
How much notice must I give before moving with my child?
At least 60 days' written notice to the other guardians and contact persons, stating the date and proposed location.
How long does the other parent have to object?
The other guardian must apply to the court to prohibit the move within 30 days of receiving notice. Otherwise the child may be relocated on or after the date in the notice.
Does the court ask whether I would move without the child?
No. The court must not consider whether the guardian would move anyway if relocation were refused.
Can I skip notice if there is family violence?
The court may exempt notice where it would risk family violence or there is no ongoing relationship. That is a decision for the court, so get legal advice first.
Sources
- gov.bc.ca – Provincial family forms — www2.gov.bc.ca
- Family Law Act, s. 65 (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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