Moving Within BC With a Child: When Is It a Legal Relocation?

You may be thinking about a job, family support or a lower cost of living in another BC city. If you share a child with someone you have separated from, the move may need more than a change of address.

This article explains when a move inside the province counts as a relocation, what notice is needed, and how the court looks at it. It is general information, not legal advice.

This article covers the law of British Columbia.

When is a move within BC a relocation?

The Family Law Act defines relocation as a change in the location of the residence of a child or the child's guardian that can reasonably be expected to significantly affect the child's relationship with a guardian or another significant person. The definition turns on the effect on relationships, not on a set distance or kilometre limit.

That means there is no magic number of kilometres. A move across town may not qualify, while a move to a city a few hours away could, if it would significantly affect the child's time and relationships. Each case depends on its facts, including how often the child sees the other parent now and how practical the travel would be.

Which process applies to you?

The Family Law Act relocation rules in Division 6 apply when a guardian plans to relocate and a written agreement or order respecting parenting arrangements or contact applies to the child. If no written agreement or order applies, the Division 6 notice and objection process does not apply. Instead, section 46 governs: if a guardian plans a move likely to significantly affect the child's relationship with another guardian and an application for a parenting order is made, the court considers the reasons for the move in addition to the best-interests factors.

Married or formerly married spouses may fall under the federal Divorce Act instead. It defines relocation as a change in the place of residence of a child of the marriage that is likely to have a significant impact on the child's relationship with a person with parenting time, decision-making responsibility or contact. It applies to spouses and former spouses who are married; unmarried parents proceed under the BC Family Law Act.

Notice and the 30-day window

Where a written agreement or order on parenting arrangements or contact applies, a guardian planning a relocation under the Family Law Act must give every other guardian and every person with contact at least 60 days' written notice of the date and the proposed location. Where no such agreement or order applies, this notice process does not apply. After notice is given and before the move, guardians and contact persons must use their best efforts to cooperate in resolving issues arising from the proposed relocation.

In that situation, a guardian who gave notice may relocate on or after the stated date unless another guardian files an application to prohibit the relocation within 30 days after receiving the notice.

The Divorce Act has a similar structure. The person must give notice at least 60 days before the expected date, in the prescribed form. The notice must include the expected date, the new address and contact information, and a proposal for how parenting time, decision-making responsibility or contact could be exercised. The recipient has 30 days to object.

• The court may exempt a guardian from all or part of the Family Law Act notice requirement where notice cannot be given without a risk of family violence, or where there is no ongoing relationship with the other guardian or contact person, and that application may be made without notice to the other party.
• Under the Divorce Act, the court may also modify or remove notice requirements, including where there is a risk of family violence.

How the court decides

On a guardian's application, the court may make an order permitting or prohibiting a relocation of a child. It considers the best-interests factors plus the relocation factors. Who has to prove what depends on parenting time.

• Where parenting time is not substantially equal, the relocating guardian must satisfy the court the move is proposed in good faith and that reasonable, workable arrangements preserve the child's relationships; the relocation is then considered to be in the child's best interests unless another guardian satisfies the court otherwise.
• Where the guardians have substantially equal parenting time, the relocating guardian carries the whole burden.
• In judging good faith, the court looks at the reasons for the move, whether it is likely to enhance quality of life (including financial or educational opportunities), whether notice was given, and any restriction on relocation in an agreement or order.
• The court must not consider whether a guardian would still relocate if the child's relocation were not permitted.

If a relocation is permitted, the court must seek to preserve, to a reasonable extent, the parenting arrangements and contact between the child and the other guardians and contact persons.

What to do next

• Find out whether you have a written agreement or order, and read it for any moving clause.
• Decide whether the move is likely to significantly affect the child's relationships with the other parent or another important person.
• If the formal process applies, give written notice at least 60 days before the move with the date and location.
• Include a realistic proposal for parenting time, travel and contact.
• Keep records of your reasons, such as job offers or housing.
• If you receive a notice, note the date you received it, because the 30-day window runs from receipt.
• Speak to a lawyer early, before you sign a lease or enrol the child in a new school.

Frequently asked questions