Child Relocation Laws in Canada: Can You Move Away?
The rules have changed. Understanding the 'Notice of Relocation,' the 'Burden of Proof,' and how the 2021 Divorce Act amendments impact your right to move.
Legal Review: This relocation guide was reviewed by Deepa Tailor, Senior Family Lawyer, to ensure compliance with Section 16.9 of the Divorce Act (2026).
The 60-Day Notice Rule
Under Canada's updated Divorce Act, any parent with decision-making responsibility or parenting time who wishes to undertake a 'Relocation' (a move that significantly impacts the child's relationship with the other parent) MUST provide 60 days' written notice to the other parent. This notice must use a specific government form setting out the new address, the date of the move, and a proposal for how parenting time will continue.
The 'Best Interests' Factors for Relocation
Courts do not look at 'parental rights.' They look at these 4 factors:
Reasons for the Move
Is it for a job? Family support? Or just to alienate the other parent? The move must be 'Good Faith,' not spiteful.
Impact on the Child
Will the move sever the bond with the stay-behind parent? Can the relationship survive via Zoom and summer visits?
Compliance History
Does the moving parent follow court orders? If they have a history of denying access, the court will assume they will block contact after the move.
Travel Feasibility
Is the moving parent willing to pay for travel costs? A realistic plan to transport the child back and forth is essential.
Who Has to Prove It?
The success of your case depends on your current schedule.
Scenario A: You Have Primary Care
The Situation:
The child lives with you the vast majority of the time.
The Rule:
The law presumes you should be allowed to move. The burden is on the objecting parent to prove the move should NOT happen.
Scenario B: Shared Custody (40%+)
The Situation:
You share parenting time roughly equally (40/60 or 50/50).
The Rule:
There is NO presumption. The burden is on the moving parent to prove the move is in the child's best interests. This is much harder to win.
What if You Receive a Notice?
Step 1: The 30-Day Deadline
You have exactly 30 days after receiving the Notice of Relocation to object. If you do nothing, the parent is legally allowed to move.
Step 2: Form 2: Objection to Relocation
You must file this specific form stating why the move is not in the child's best interests.
Step 3: File a Court Application
You cannot just write a letter. You must apply to the court for an order prohibiting the relocation.
Step 4: The 'Interim' Fight
Often, the parent wants to move *before* the trial. We argue an urgent motion to freeze the child's residence until a full trial can be held.
Relocation FAQs
Related Resources
The '20km Rule' (Local Moves)
Understanding local moves and when the 20km rule applies in Ontario.
Child Abduction & Recovery
What to do when a child is wrongfully removed from their jurisdiction.
Parenting Plan Lawyers
Creating comprehensive parenting plans that address relocation scenarios.
Deepa Tailor
Senior Family Lawyer
Deepa Tailor is the founder of Tailor Law. She has successfully argued landmark relocation cases, helping parents move for new opportunities while protecting the rights of those left behind.
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