How Much Notice Must I Give Before Relocating With a Child in BC?

If you plan to move with your child and a written agreement or order about parenting arrangements or contact applies, you must give every other guardian and every person with contact at least 60 days' written notice, but if none applies, that notice process does not apply. Getting this step right can make the rest of the process smoother, and getting it wrong can cause problems later.

This article explains the 60-day rule in British Columbia, what the notice needs to say, what happens after it is sent, and when a court may excuse it.

This article covers the law of British Columbia.

The 60-day rule

Under the Family Law Act, a guardian planning a relocation must give every other guardian and every person with contact at least 60 days' written notice of the date and the proposed location of the relocation. Those rules apply when a guardian plans to relocate and a written agreement or order about parenting arrangements or contact applies to the child.

If no written agreement or order applies, the notice and objection process does not apply, and section 46 governs instead. Under section 46, when the move is 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. Giving the other parent early, clear notice is still sensible.

The Divorce Act relocation rules apply to spouses and former spouses who are married. They require notice at least 60 days before the expected date, in the prescribed form, to anyone with parenting time, decision-making responsibility or contact under a contact order. Unmarried parents proceed under the BC Family Law Act.

What the notice must contain

Under the Family Law Act, the notice must set out the date and the proposed location of the relocation. A Divorce Act notice must include more:

• the expected date of the relocation
• the new address and contact information
• a proposal for how parenting time, decision-making responsibility or contact could be exercised
• any other prescribed information

The exact form and its content requirements can change, so check the current BC court forms for the relocation notice before you fill one out. A lawyer can help you confirm you are using the right one.

What happens after notice is given

Between notice and the move, guardians and contact persons must use their best efforts to cooperate in resolving issues arising from the proposed relocation. That usually means talking about a realistic schedule and who pays for travel.

Under the Family Law Act, you 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. Under the Divorce Act, you may relocate if a court authorizes it, or if the recipient does not object within 30 days and no order prohibits the move. A Divorce Act objection must be made on the prescribed form or by court application and must state the objection, the reasons and views on the proposed parenting arrangements.

If you skip notice or cannot give it

Skipping notice is risky. When a court decides whether a relocation is in good faith under the Family Law Act, it looks at whether notice was given. Under the Divorce Act, the court also considers whether the relocating person met the notice requirement. A missed notice can therefore count against you.

There are exceptions. Under the Family Law Act, the court may exempt a guardian from all or part of the 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 the application may be made without notice to the other party. The Divorce Act similarly lets a court provide that the notice requirements do not apply or modify them, including where there is a risk of family violence, and that application may also be made without notice.

If safety is a concern, get legal advice before you send anything to the other parent.

What to do next

• Check whether a written agreement or order about parenting applies.
• Confirm whether you were married, which decides whether the Divorce Act or the Family Law Act governs.
• Choose a realistic move date at least 60 days away.
• Prepare a written notice with the date and location, and a workable parenting proposal.
• Send it in a way you can prove, and keep a copy.
• Mark the 30-day objection window on your calendar.
• Speak with a family lawyer, especially if there is any safety concern.

Frequently asked questions