Moving 15 minutes away is usually fine. Moving 45 minutes away can trigger a 'Change in Residence' court battle. Know the limits before you sign the lease.
Legal Review: This mobility guide was reviewed by Deepa Tailor, Senior Family Lawyer, to ensure compliance with the Divorce Act (Section 16.9) and Children's Law Reform Act regarding Relocation (2026).
There is no specific "20km Law" in the Divorce Act. However, most Separation Agreements include a "Radius Clause" (usually 20km or 50km) restricting where you can live.
Even without a clause, a move that is likely to have a significant impact on the child's relationship with the other parent is a relocation, which needs 60 days' written notice and either no objection within 30 days or court authorization (Divorce Act, ss. 16.9, 16.91; CLRA ss. 39.3, 39.4) (e.g., makes school drop‑offs impossible).
Under the Divorce Act, you must typically give 60 days' written notice before any significant relocation.
If you move without consent, a judge can order the child returned to the original neighborhood immediately.
The law treats a move differently depending on how far you go.
Moving to a new house 10 minutes away in the same school district.
Impact:
Low.
Requirement:
You must give the other parent written notice of the change of residence (Divorce Act, s. 16.8; CLRA s. 39.1), but you usually do not need permission.
Moving from Mississauga to Barrie, or even to the other side of Toronto during rush hour.
Impact:
High. It forces a change in the parenting schedule or school.
Requirement:
You NEED consent or a Court Order.
In Ontario, distance isn't measured in kilometers; it's measured in 'Drive Time'.
Scenario:
"Mom moves 25km away. The drive is 20 mins at night, but 60 mins during rush hour."
Legal Reality:
"If this makes it impossible for Dad to get the kids to school on his days, the court may block the move or force Mom to do all the driving."
Scenario:
"Dad moves 5km away, but it's across the boundary line for the child's French Immersion school."
Legal Reality:
"This is a 'Major Change.' You cannot unilaterally change the child's school. Dad may have to drive the child to the old school every day."
Under the Divorce Act, if you plan to move, you must provide a specific Notice of Relocation Form:
Must be sent at least 60 days before the planned move date.
Must include the new address, contact info, and the proposed new parenting schedule.
The other parent has 30 days to object by filing a form. If they object, you CANNOT move the child until a judge says yes.
I Have Sole Custody
"I have Sole Decision-Making responsibility, so I can live wherever I want."
Mobility is Separate
Decision-making is about choices (health, religion), not geography. Even with Sole Custody, you cannot move the child away from a parent who has access/parenting time rights.
Understanding the difference between alienation and legitimate estrangement in custody disputes.
Modern parenting arrangements that prioritize the best interests of the child.
Understanding your rights when the other parent needs childcare during their parenting time.
Legal framework for international and long-distance moves with children.
Steps to take when a child is wrongfully removed from their jurisdiction.
Preventing unauthorized international travel with your child.
Moving without the proper legal notice can result in an emergency court order forcing you to return. We help you negotiate mobility rights safely.
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Senior Family Lawyer & Founder
Deepa Tailor is a Senior Family Lawyer specializing in Ontario divorce proceedings, complex property division, and high-stakes custody disputes. She provides strategic, results-driven advocacy to help clients protect their assets and secure their children's future, whether through amicable negotiation or vigorous courtroom representation.
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