Notice Requirements Before Relocating with a Child in Ontario

Thinking about moving to a new city — or even a new street — after separation? If you share decision-making responsibility or parenting time with your child's other parent, there are formal notice requirements you must follow before you go. Getting this right matters: skipping the required steps can result in a court order blocking the move, or worse, a finding that you have breached a court order.

This article walks through the relocation notice rules under Ontario family law so you know what is expected before you pack a single box.

Two Regimes: Divorce Act vs. Children's Law Reform Act

The rules depend on whether you have a court order or agreement under the Divorce Act (for married spouses who have divorced or are in the process of divorcing) or under the Children's Law Reform Act (the provincial statute that governs unmarried parents and some married parents who resolve parenting outside divorce proceedings).

The Divorce Act contains a detailed relocation framework — codified in amendments that came into force in 2021. The Children's Law Reform Act follows similar principles, shaped by court decisions and its own provisions on mobility. Both statutes share the same underlying goal: relocation decisions must be made in the best interests of the child, not the convenience of the moving parent.

If you are unsure which law applies to you, speak with a family lawyer before taking any steps.

What Counts as a "Relocation" Requiring Formal Notice?

Not every move triggers the full notice framework. Under the Divorce Act, a relocation is a change in the residence of a child or a person with parenting time or decision-making responsibility that is likely to have a significant impact on the child's relationship with another person who also has parenting time or decision-making responsibility.

A move across town that barely affects pickup logistics is different from a move three provinces away. However, the line is not always obvious. Courts have found that even moves within the same metropolitan area can qualify if they materially disrupt the other parent's ability to exercise parenting time.

Key point: When in doubt, give notice anyway. The cost of giving unnecessary notice is low; the cost of failing to give required notice is high.

The Formal Notice Process Under the Divorce Act

Who Must Give Notice?

The moving parent — the one who has parenting time or decision-making responsibility and plans to relocate the child — must provide written notice to every other person who also has parenting time or decision-making responsibility.

What Must the Notice Contain?

As of writing (verify the current requirements with your lawyer or the court), the written notice must include:

• The date of the proposed move
• The address of the proposed new residence (or at minimum, the general location if the address is not yet known)
• A proposal for how contact and parenting time can be maintained after the move (for example, adjusted schedules, virtual parenting time, holiday arrangements)

How Far in Advance?

As of writing, the Divorce Act requires 60 days' written notice before the proposed relocation. This gives the other parent time to review the plan, get legal advice, and decide whether to object.

If the move is urgent — for example, you are fleeing family violence — an exception may apply, but you should immediately seek legal advice and consider a protective court order rather than simply moving without notice.

What Happens After Notice Is Given?

Once the other parent receives the notice, they have a window — 30 days under the Divorce Act as of writing, verify current rules — to file an objection with the court. If no objection is filed in time, the relocating parent may be permitted to move.

If the other parent does object, the move cannot go ahead without a court order. The court will schedule a hearing and apply the relocation legal test (which focuses on the best interests of the child, including the history of the parenting arrangement and the impact of the move on the child's relationships).

Obligations of the Objecting Parent

Notice is a two-way street. The parent who objects must file their objection in writing and explain why the move is not in the child's best interests. Simply refusing to engage or failing to respond does not give you veto power indefinitely — courts can and do permit moves even over objections, particularly where the move has legitimate reasons and the moving parent has proposed reasonable accommodation for parenting time.

Does the Order or Agreement Already Address Relocation?

Many parenting orders and separation agreements include a mobility clause — a specific provision that addresses what happens if one parent wants to move. If yours does, the clause may impose notice periods, require mediation before going to court, or restrict moves altogether. Read your existing order or agreement carefully before doing anything else.

Practical Steps Before You Give Notice

1. Review your parenting order or separation agreement for any existing mobility clause.
2. Consult a family lawyer to confirm whether your proposed move qualifies as a relocation under the applicable statute.
3. Draft a written notice that meets the statutory requirements.
4. Prepare a realistic parenting-time proposal — courts look favourably on moving parents who have genuinely thought through how the other parent's relationship with the child will be maintained.
5. Document your reasons for moving (employment, family support, health) in case the matter goes to court.

Frequently asked questions