Notice of Relocation in Ontario: 60 Days and What to File

Moving after separation is not just a personal decision when children are involved. If the move could significantly affect the child's time with the other parent, Ontario and federal law require advance written notice and give the other parent a chance to object.

This article explains what counts as a relocation, the notice and objection timelines, and what can go wrong if the steps are skipped. A lawyer can confirm how the rules apply to your situation.

Which law applies

The Divorce Act governs parenting between married spouses in a divorce. The Children's Law Reform Act (CLRA) applies to parents whether or not they were married. The relocation rules are parallel in both, with different section numbers, so the process is similar either way.

What counts as a relocation

A relocation is a move that is likely to significantly affect the child's relationship with a person who has parenting time, decision-making responsibility or contact. A short move across town may not qualify, while a move to another city may.

Even a smaller move needs a written heads-up. A person with decision-making responsibility or parenting time who plans to change residence must notify, in writing, others who have decision-making responsibility, parenting time or contact.

The 60-day notice

For a relocation, notice must be given at least 60 days before the expected move date, in the prescribed form. It must include a proposal for how parenting time, decision-making and contact would work after the move. Because the form is prescribed, it is worth reading it carefully and confirming with a lawyer exactly what it asks for in your situation.

If there is a risk of family violence, a court may, on application, waive or modify the notice requirements. If that is your situation, get legal advice and consider safety planning before taking any step.

Objecting and what happens next

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.

If the matter goes to court, the judge looks at 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.

Who must prove what depends on the existing arrangement. If the parties substantially follow an order giving substantially equal time, the moving party must prove the move is in the child's best interests. If the child spends the vast majority of time with the moving party, the objecting party must prove it is not. In other cases the burden is shared. For interim orders, the court may decide not to apply these burden rules.

What if someone moves without following the rules

Skipping the notice can hurt the moving parent's case, because the court considers whether the notice requirements were followed. A move that breaches a court order can lead to enforcement, including fines or jail for not following an order. The court can also make any order it considers necessary for a just result, such as costs or a contempt order.

If a parent moves away without the child, the picture is different. Justice Canada says the Divorce Act gives no way to object to a parent moving without the child. Existing parenting orders may also include conditions, such as barring a change of the child's residence without consent or a court order.

What to do next

• Check whether you have an order or agreement that already deals with moves
• Count back at least 60 days from the date you hope to move
• Put your parenting proposal for after the move in writing
• Use the prescribed form and keep proof of how and when you gave notice
• If you receive a notice, note the date you got it and the 30-day deadline
• Get legal advice early, especially if safety is a concern

Frequently asked questions