Relocation and Moving With a Child After Separation in Ontario

After separation, life moves on. Parents take new jobs, move closer to family, start over in a new city. But when children are involved and a parenting order or agreement is in place, moving is not as simple as packing boxes. Moving with a child after separation in Ontario — especially over a significant distance — is one of the most legally complex and emotionally charged areas of family law.

The Divorce Act introduced a detailed relocation framework that came into force in 2021. This framework affects married parents who are subject to a parenting order under the Divorce Act. Ontario's Children's Law Reform Act provides parallel rules for unmarried parents. Together, these laws create a structured process that courts and parents must follow when one parent wants to move with a child.

What Counts as a "Relocation"?

Not every move triggers the relocation framework. The Divorce Act distinguishes between:

• A change of residence — moving to a new home, even across town, that does not significantly affect the other parent's time with the child
• A relocation — a move that is likely to have a significant impact on the child's relationship with the other parent or another person with parenting time or contact

The geographic distance is not the only factor. A move within the same city might not be a relocation; a move to another city, province, or country almost certainly is. The question is whether the move significantly disrupts the other party's ability to exercise their parenting time.

The Notice Requirement

If a parent with parenting time intends to relocate with the child, the Divorce Act requires them to give written notice to every other person with parenting time or contact with the child. As of writing, the required notice period is 60 days before the anticipated move.

The notice must contain:

• The moving parent's new address (or proposed address)
• The date of the proposed move
• A proposal for a revised parenting schedule that accounts for the move

Giving proper notice is mandatory. Moving without notice can be treated as a serious violation of the parenting order and may result in court orders requiring the child to be returned, among other consequences. Courts view unilateral relocation without notice very unfavorably.

What Happens After Notice Is Given?

The other parent (the "non-relocating parent") has options after receiving notice:

1. Consent — if the other parent agrees to the move, they can do so in writing. The move can proceed, and the parenting plan should be updated to reflect the new arrangements.
2. Object — if the other parent objects, they must do so in writing within a specified period (as of writing, within 30 days of receiving notice). Objecting triggers a court process.
3. Do nothing — if the other parent does not object within the required period, the relocating parent may be permitted to proceed (subject to court confirmation in some circumstances).

If the matter goes to court, a judge will decide whether the relocation is in the child's best interests.

The Best Interests Test and Burden of Proof

Like all parenting decisions under the Divorce Act, the test for whether a relocation is permitted is the best interests of the child. Courts consider a non-exhaustive list of factors, including:

• The reasons for the proposed relocation
• The impact of the relocation on the child
• The amount of time the child currently spends with each parent and other significant people
• Whether the notice requirement was complied with
• The geographic, financial, and practical feasibility of maintaining the child's relationship with the non-relocating parent after the move
• Any existing parenting order and the history of the arrangement
• Any history of family violence

Who Bears the Burden of Proof?

The Divorce Act introduced rules about which parent bears the burden of proving the relocation is or is not in the child's best interests. As of writing, the burden allocation depends on the parenting arrangement:

• If the child spends the majority of their parenting time with the relocating parent, the burden shifts to the non-relocating parent to show the move is not in the child's best interests.
• If parenting time is substantially equal (roughly equal time with each parent), the burden falls on the relocating parent to show the move is in the child's best interests.
• The court has discretion in mixed or unclear cases.

This burden allocation is significant. It means the legal starting point depends on how much time the child currently spends with each parent — one more reason that the original parenting arrangement matters enormously.

What Courts Actually Weigh

Relocation cases are intensely fact-specific. Judges do not rubber-stamp moves because a parent has a good reason, nor do they automatically deny them to preserve the status quo. Common factors that carry weight in Ontario relocation decisions include:

Factors that may support a relocation:

• The move is for a genuine career opportunity that substantially improves the family's economic circumstances
• The relocating parent has strong family support in the new location (particularly relevant for single parents with young children)
• The other parent has had limited involvement in the child's day-to-day life
• The child has expressed a genuine preference to go with the relocating parent (given weight proportionate to the child's age and maturity)
• A meaningful parenting plan can be structured to preserve the child's relationship with the non-relocating parent (e.g., extended visits during summer and school breaks)

Factors that may weigh against a relocation:

• The move appears motivated by a desire to limit the child's relationship with the other parent
• The child has a close, involved relationship with the non-relocating parent that would be substantially disrupted
• The child is established in school, activities, and a community that would be lost
• The non-relocating parent has been equally involved in care and the parenting arrangement is truly equal
• The proposed substitute schedule is impractical (long-distance visits are expensive and disruptive for young children)

When There Is No Parenting Order

If you do not have a parenting order or written parenting agreement — perhaps you separated recently and have been managing informally — the relocation framework's formal notice and objection process may not apply in the same way. However, the other parent can still bring a court application to prevent the move or seek a parenting order that addresses it. Do not assume the absence of a formal order means you can move freely.

Relocations Without Consent: Serious Consequences

Moving with a child without consent or a court order — especially leaving the province or country — can constitute wrongful removal or retention. In cross-border situations, international treaties (including the Hague Convention on International Child Abduction, to which Canada is a party) require the return of wrongfully removed children to their home jurisdiction. Domestic wrongful removals can also result in orders requiring a child's return.

The consequences of moving without following the proper process are severe enough that this is one area where legal advice before acting is essential, not optional.

Frequently asked questions