Notice Rules for Relocating With Children in Ontario

If you share parenting with someone and want to move, the law sets out steps you must follow first. Skipping them can hurt your case later, and moving the child before the process is done can lead to court action.

This article covers the written notice, what it must contain, how the other parent can object, and what a court looks at. Which statute applies depends on whether you were married and divorcing, so a lawyer can confirm the exact sections for you.

Two kinds of notice: any move and a relocation

A person with decision-making responsibility or parenting time who plans to change residence must notify others who have decision-making responsibility, parenting time or contact, and the notice must be in writing. This applies under the Children's Law Reform Act s. 39.1 and the Divorce Act s. 16.8.

A relocation is a narrower idea. It means a move 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 only need ordinary written notice, while a move far enough to change the other parent's time with the child is more likely a relocation.

The 60-day notice and what it must contain

Notice of a relocation must be given at least 60 days before the expected move date, in the prescribed form. The notice must include a proposal for how parenting time, decision-making and contact would work after the move.

A realistic proposal, including who would travel and how the child would stay in touch, makes your notice more useful.

There is an exception for safety. A court may, on application, waive or modify the notice requirements, including where there is a risk of family violence. If that is your situation, speak to a lawyer before sending anything.

How the other parent can object

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.

How a court decides

In deciding whether to allow a relocation, the court considers the child's 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.

• 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 parties share the burden.
• When making an interim order, the court may decide not to apply these burden-of-proof rules.
• If a relocation is authorized, the court may divide the costs of exercising parenting time, such as travel, between the parties.

One more point: the Divorce Act gives no way to object to a parent moving without the child.

What to do next

• Check what your order or agreement says about moving and notice.
• Prepare a written proposal for parenting time, decision-making and contact after the move.
• Give notice at least 60 days before the expected move date, in the prescribed form, and keep proof of when and how you gave it.
• Do not move the child unless a court authorizes it, or no objection is made within 30 days and no order prohibits the move.
• If you are objecting, note the 30-day deadline from the day you received the notice and get legal advice quickly.

Frequently asked questions